beta
(영문) 인천지방법원 부천지원 2018.12.12 2018고정866

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 1, 2017, while working for a business operated by the victim B, the Defendant received a credit card owned by the victim C from the victim and was delegated by the Defendant to purchase office supplies, such as a site A4.

Nevertheless, from around 20:55 on July 2, 2017 to around 20:57 on the same day, the Defendant collected the above credit card from 365 coaches located in Dongjak-gu Seoul Metropolitan Government E Association, and then withdrawn KRW 2 million and passwords over three occasions without authority.

Accordingly, the defendant acquired property benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of a detailed statement of damage cards to statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 347-2 of the Criminal Act selecting a sentence, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The question is as to whether the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is seriously against his/her mistake in light of the attitude, legal attitude, etc. investigated by the investigative agency, although he/she made a confession at the latest.

Before the instant case, there are a lot of records of punishment for the same kind of crime including imprisonment with prison labor.

There was no recovery of damage.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.