beta
(영문) 수원지방법원 성남지원 2016.03.30 2016고단260

절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on September 4, 2014 by imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Suwon Franchising Method Board, etc., and the judgment becomes final and conclusive on the 14th of the same month, and is still under the suspended sentence.

[2] On November 27, 2015, at the main point of "D" located in Songpa-gu Seoul Metropolitan Government, around 17:30 on November 27, 2015, the Defendant: (a) requested the proprietor of the main point of the above E to fill up his credit card (KB’s performance card, card number: F) and withdraw money by informing him of the password; (b) by advertising the difference in the identification number of the above credit card under the influence of the above E, the Defendant attempted to withdraw cash with the mind of the said owner and transfer the account.

1. On November 27, 2015, at the convenience point of “H” located in Songpa-gu Seoul Metropolitan Government, on November 27, 2015, the Defendant: (a) input of the said E’s credit card into the cash withdrawal machine in the place where a person who suffered damage to his name was managed; (b) inputs the password; and (c) withdrawn KRW 300,000 out of the said E’s deposit from the national bank account (Account Number: I) in connection with the said credit card; and (d) subsequently, withdrawn KRW 5,80,000 from that time until 03:17 on the following day.

2. Around November 28, 2015, the Defendant using a computer, etc.: (a) around 03:30, Gangnam-gu, Seoul, at the “an automated branch of 365 automated branch of one bank” located in 203, Jindong-gu, Seoul, with the credit card of the victim E, and (b) when the Defendant could no longer withdraw cash in excess of the daily withdrawal limit, as in paragraph (1) and could no longer withdraw cash in excess of the daily withdrawal limit, the Defendant inputs the said credit card during the cash withdrawal period and inputs the password, and then transferred the sum of KRW 600,000,000 from the national bank account under the name of the Defendant from the victim’s name to the new bank account (Account Number:J).

Accordingly, the defendant inputs information without authority to a computer or any other information processing device.