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(영문) 의정부지방법원 2018.10.18 2018고정727

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C dan” on the first floor in Seoul Special Metropolitan City, Gwanak-gu, Seoul.

At around 02:55 on September 23, 2015, in order for the victim D, a customer, to pay in cash a sum of KRW 1.62,00,000,000, the Defendant arbitrarily released the sum of KRW 4.91,00,000 on six occasions in total, more than six occasions, by inserting the above physical card at a cash withdrawal machine with the victim’s bank account (Account Number: E) linked to the victim’s bank account (hereinafter referred to as “C”) with the victim’s personal identification number, and by using the victim’s personal identification, the Defendant used the said physical card to withdraw more money.

Accordingly, the defendant acquired financial benefits equivalent to KRW 3.290,00 by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. A protocol concerning the preparation of examination of the accused;

1. A suspect interrogation protocol (including two times the suspect interrogation protocol), accusation protocol, document prepared by the police against D (including the second time), copy of output of the withdrawal statement of the KB national card, copy of the payment letter, and investigation report (the suspect A's history and statement of change of the name of the crime) with respect to F;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;