컴퓨터등사용사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is sufficient in light of the following: (a) it was difficult to verify the details of the deposit and withdrawal written in writing in the passbook as a gate, and (b) it was confirmed only the balance written in the number at the time of arranging the passbook; and (c) E was unable to read the content of the electronic financial transaction application on March 16, 2010; and (d) it was irrelevant to the amount of the actual loan; and (c) in the said electronic financial transaction application, the amount is indicated only in the column for the transfer limit; and (d) it is sufficiently recognized that the Defendant acquired property benefits by illegally using the E-authorized certificate outside the scope of use and by making the information processed by using it in the data processing system, such as computer, without authority, and therefore, the judgment of the court below
2. Determination on the grounds for appeal
A. The summary of the facts charged is that the Defendant obtained a standardized contract loan of KRW 1,00,000 from E who purchased insurance premium of 1,000,000 from the monthly insurance premium of the Yangyang Life Company through the Defendant, and obtained the Defendant’s consent to use it within the limit of KRW 5 million, but around March 18, 2010, the Defendant obtained a loan of KRW 1,00,000 with the E’s authorized certificate and obtained a loan of KRW 1,00,000 from E using the E’s authorized certificate again from E where the said money is deposited, using the E’s authorized certificate in the name of E, immediately transfer the said money to the Defendant’s account managed by the Defendant, and obtained the pecuniary benefits equivalent to KRW 5,00,000,000,000,000, which is the difference between the amount actually received and the actual amount of the loan, from August 5, 2010.