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(영문) 대전지방법원 2013.09.13 2012고단1764

컴퓨터등사용사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 2012, the Defendant received a physical card linked to the one bank account (Account Number C) from the victim B, who was living together due to internal relations, to use it to purchase goods necessary for daily life from the victim B, and received the notification of the password.

Around March 22, 2012, the victim’s gathering of the victim transferred the victim’s 40 million won to one bank account with the Defendant to the Agricultural Cooperative (D) account in the name of the Defendant without authority, and the Defendant, who became aware of such fact, obtained pecuniary benefits equivalent to the said amount by immediately withdrawing the said money and using it for personal purposes from 13:30 to 14:00 on the same day. From 13:30 to 14:00 on the same day, the victim’s gathering of physical cards in the name of the victim from the Agricultural Cooperative Branch in the name of the Defendant at the Dong-dong Agricultural Cooperative Branch in Daejeon-gu, Daejeon-gu, Seoul, by means of inserting cash withdrawal and inputting the password and inputting the password into five times in total from one bank account in the name of the victim to the Agricultural Cooperative account in the name of the Defendant.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the specification of transactions of physical cards in one bank used by the suspect submitted by the victim;

1. Relevant Articles of the Criminal Act and Articles 347-2 (Selection of Imprisonment)

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of crime, relationship with victim, amount of damage, etc.);