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(영문) 창원지방법원 2013.04.26 2013고단794

컴퓨터등사용사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On July 8, 2011, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Changwon District Court on January 20, 201 and completed the execution of the sentence.

【Criminal Facts】

On January 14, 2013, at around 23:26, the Defendant released 1190,000 won in total from the automatic payment machine for cash in the neighboring convenience store using the above debit card to pay the drinking value by requesting the victim to pay only 100,000 won out of the drinking value to the victim when the victim E and the victim were under drinking with the victim, and used them for personal purposes.

As a result, the defendant obtained financial benefits of 1090,000 won by inputting information without authority in an automatic cash payment machine, which is an information processing unit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 347-2 of the Criminal Act concerning the crime;

2. The reason for sentencing Article 35 of the Criminal Act among repeated offenders is not only that the Defendant has been punished several times for the same kind of crime in the past, but also that the Defendant committed the crime of this case during the repeated crime period for the same kind of crime, not only did the agreement with the victim but also did not actually recover from actual damage, and the motive, means and result of the crime of this case, the circumstances after the crime, the age, character and conduct of the Defendant, and family environment as ordered by taking into account all the factors such as the motive, means and result