컴퓨터등사용사기등
Defendant shall be punished by imprisonment for a year and four months, and by a fine of KRW 5,000,000 (O million).
The above fine shall not be paid by the defendant.
Punishment of the crime
1. Computer and other fraudulent means;
A. On August 3, 2016, the Defendant received a cash card from the victim C, who was in prison at the Jung-gu prison, in order to borrow the deposit money for D, the Defendant’s wife, through the procedures for return of the goods kept in custody, from the victim E.
Defendant: (a) transferred KRW 10 million to the account under the name of D using the said cash card; and (b) the victim decided to keep the said cash card until the date of release; (c) using the said cash card, the Defendant released cash in mind or transferred it to the account to use it for the personal purpose of the Defendant.
On August 15, 2016, the Defendant inserted a cash card under custody in a cash withdrawal period managed by a corporate bank established in any place in Gyeonggi-do, Gyeonggi-do, and then transferred KRW 12 million to the Defendant’s account in the name of the Defendant.
In addition, from that time until September 22, 2016, the Defendant transferred or withdrawn KRW 9,648,00,000 in total over 13 times, such as the first list of crimes in attached Table 1.
Accordingly, the defendant, without authority, entered information into a computer or any other information processing device and acquired a total of KRW 9,6480,200,000.
B. On October 2016, upon receipt of a written request for the settlement of balance from the victim, the Defendant received a written request for the settlement of balance, and sent the check to the victim’s credit cooperative’s name to keep the check up until the victim was released from the post. The Defendant, in turn, released cash in the form of the above check or transferred the account to the account to use it for the personal purpose of the Defendant.
On October 10, 2016, the Defendant inserted a physical check card under custody in a cash withdrawal machine managed by a credit cooperative established in any place in Gyeonggi-do, Gyeonggi-do, and then withdrawn KRW 240,00,000 after entering the password known in advance.
Accordingly, the defendant is a computer.