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(영문) 인천지방법원 2019.07.17 2019고단2404

절도등

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A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. While the Defendant stolen the cash kept at a convenience store to appropriate it for the cost of living, the Defendant reported the job offer advertisements posted on the Internet site by the victim B, and employed them in the “D” located in the Bupyeong-gu Incheon Metropolitan City, which is operated by the victim.

At around 13:00 on February 4, 2019, the Defendant thefted the cash amounting to KRW 1,200,000 owned by the victim, which was kept at the calculating point.

Accordingly, the defendant stolen property from another person.

2. On February 4, 2019, the Defendant: (a) around 13:00, at the above convenience store, posted one transportation card installed therein to the settlement terminal, which is an information processing unit, such as a computer, etc.; and (b) charged KRW 500,000,000 in total by 10 times, without authority, the charge server of the transportation card was divided into 50,000.

Accordingly, the defendant acquired financial benefits equivalent to 500,000 won in total by inputting false information or improper orders or inputting information without authority into the information processing device such as computer, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Relevant Article 329 of the Criminal Act and Articles 347-2 of the Criminal Act (the point of larceny and the choice of imprisonment with prison labor) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 (Determination of Punishment) thth thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) No second crime (Fraud by Use of Computer, etc.) (Determination of Type) is the recommended sphere and recommendation range that there is no amount of less than KRW 100 million [Type 1].