컴퓨터등사용사기등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Larceny;
A. On July 27, 2018, from around 02:55 to the same day 03:16 of the same day, the Defendant: (a) while running a part-time set at the C Carb in Michuhol-gu Incheon, Michuhol-gu, Incheon, at the first floor, D, the owner of the said singing room, was in custody of the victim, who was issued by the victim E, who was a customer of the said singing room, for the settlement of the singing payment; (b) stolen the Defendant, with a copy of the Agricultural Cooperative Crob card, which was the victim’s possession.
B. On July 27, 2018, from around 03:17 to around 03:20 on the same day, the Defendant collected and stolen the Agricultural Cream Card, as described in paragraph (1) above, and then withdrawn and stolen total of KRW 900,000,00,000, on three occasions, as the Defendant’s cash withdrawal period managed by the age limit company, which is established in the front of the G in Michuhol-gu Incheon Metropolitan City, as the victim company located in the G, Michuhol-gu, Incheon.
2. On July 27, 2018, at around 03:16, the Defendant used a computer, etc.: (a) stored the NAC card in the name of the victim E, such as the document stated in paragraph 1(a), in the age cash payment period, which was set up in front of the Michuhol-gu Incheon Metropolitan City F'G; (b) entered the password attached to the said card, and then transferred KRW 5 million to the Defendant's corporate bank account in the name of H, the mother of the Defendant.
Accordingly, the defendant acquired economic benefits of 5 million won by inputting information into a computer or any other information processing device without authority.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Application of Acts and subordinate statutes on the details of withdrawal from accounts of victims, details of deposit transactions, written inquiries about customer's basic information, and details of account transactions;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, which are disadvantageous to the protection and observation of Article 62(1) of the Act on the Suspension of Execution (the following favorable circumstances among the reasons for sentencing), are the same as many kinds of circumstances.