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(영문) 부산지방법원 2018.11.14 2018고정228

컴퓨터등사용사기등

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 works as an acting engineer without any specified affiliation, and the relation between the victim B (53 years and women) is about nine months.

1. A theft: (a) around 02:20 on April 17, 2016, the Defendant: (b) posted one copy of the Victim’s Cock Card from Busan Central Bank located in Seosan-dong, Busan, in the cash withdrawal season; and (c) withdrawn three million won in total in cash, one million won, after entering a password, which was known to him/her in Pyeongtaek.

2. Computer and other fraudulent means;

A. The Defendant continued to put the above physical card in a cash withdrawal machine at the date, time, and place under Paragraph 1, and entered the password without authority, and transferred KRW 1.8 million from the account in the name of the victim to the agricultural bank account in the name of the Defendant, thereby acquiring pecuniary profits equivalent to the above amount.

B. On April 17, 2016, around 03:00, the Defendant transferred an amount equivalent to KRW 700,000 from D convenience stores located in Busan Dongdong-gu, Busan to the Agricultural Cooperative Account under the name of the Defendant, and acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to B

1. Relevant legal provisions concerning facts constituting an offense and Articles 329 and 347-2 of the Criminal Act that choose a penalty;

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. Articles 70 and 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;