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(영문) 의정부지방법원 2015.04.20 2015고단483

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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2015, at around 04:20 on January 13, 2015, the Defendant: (a) opened his/her transportation card (G) in the e store for the operation of the victim D located in Dong-si Incheon Metropolitan City, Gyeonggi-do, by using the gaps in surveillance in the cleaning process; (b) operated the device, and (c) charged the above 450,000 won with the above 4.50,000 won for nine times from the victim Korea Smart Card Co., Ltd.; and (c) carried 1.60,000 won in cash owned by the said D in a simplified safe.

As a result, the defendant, by entering information into a computer or any other information processing device without authority, obtained property benefits of 450,000 won from the above Korea Smart Card Co., Ltd. and stolen the above D property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each investigation report (which shall be the 46 pages, 59 pages, 61, 92 pages, 342 of the investigation records);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment against the crime, Article 347-2 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. It is deemed that the defendant requires strict punishment in light of the fact that the reason for sentencing Article 62-2 of the Social Service Order Criminal Act has a record of being subject to juvenile protective disposition several times, and the defendant has received a summary order of a fine of one million won due to larceny in the past.

However, the judgment of suspended execution is rendered by taking into account the circumstances favorable to the defendant that the defendant recognized the facts of the crime, and that the defendant appears to be the actual victim, and that the defendant agreed with D and D, which are considered to be favorable to the defendant. The judgment of suspended execution is ordered for 80 hours after considering all the factors of sentencing, including the means and results of the crime in this case, the circumstances after the