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(영문) 광주지방법원 2019.10.10 2019고단2428

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for not less than eight 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

When the Defendant came to know that B was a mental retardation disorder, the Defendant had known that B was a mental retardation disorder, he was to withdraw money from the C bank account (D) in which B’s monthly pay was deposited, and around January 21, 2019, B opened a passbook by saying, “I may manage and use money only four times and receive money. If you reissue a passbook and a card in four names, I may manage it by NA.” Then, B had B be reissued with a passbook and a check connected to the above C bank account in the name of B, and then B had “I have a passbook if I have to have it reissued without obtaining permission from the C bank account in the name of NA.”

1. Around January 21, 2019, the Defendant: (a) released and stolen a total of KRW 9,320,000 in cash on 17 occasions, as indicated in the attached list of crimes, from the same method, by inserting a passbook under B, which was known in advance, in a cash withdrawal machine managed by the victim at the victim CF Financial Center in Gwangju Northern-gu, Gwangju; and (b) withdrawing a password of KRW 600,000,000, in total, from that time to April 11, 2019.

2. Around March 17, 2019, the Defendant: (a) opened a passbook in the name of the victim C bank in the Nam-gu Seoul metropolitan area, 365 U.S. C bank; and (b) entered a password “G” in the cash withdrawal machine managed by the victim at the monthly store in the Nam-gu Seoul metropolitan area; and (c) transferred KRW 8,800 to the Cbank account in the name of the Defendant.

Accordingly, the defendant acquired economic 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. Each police statement made to B and J;

1. B written statements;

1. Application of Acts and subordinate statutes to a statement of details of deposits, an application for report and reissuance, and an application for membership;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;