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(영문) 울산지방법원 2016.04.29 2015고단3353

컴퓨터등사용사기

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

From around 2011, the Defendant was living together with the victim C in the Southern East-dong market of Yangsan-si and was living with the victim C, and was living with the victim.

1. On October 7, 2015, the Defendant: (a) obtained the permission from the injured party to use the head of the Tong in connection with the collection of money; (b) obtained the permission from the injured party to use the head of the Tong in connection with the collection of money; and (c) obtained the same pecuniary benefit from the said amount by arbitrarily withdrawing KRW 500,000 from the victim’s deposit account in the name of the injured party and depositing the password into the post office deposit account in his/her name E’s name, without the authority beyond the scope of his/her authority.

2. On October 8, 2015, the Defendant: (a) entered the agricultural bank passbook (D) in the name of the victim without authority in excess of the scope of authority; and (b) transferred KRW 18 million to another agricultural bank account in the name of the victim three times in three times in total; (c) transferred KRW 6 million from the cash withdrawal date of the agricultural cooperative federation in Yangsan-si to another agricultural bank account in the name of the victim; (d) transferred the amount of KRW 6 million in the same manner from the cash withdrawal date to another agricultural bank account in the name of the victim to lend each amount to the victim; and (e) around October 9, 2015, transferred the amount of money to the victim to the third bank account in the name of another agricultural bank account in the name of the victim; and (e) obtained property gains by inputting KRW 24 million from the Defendant’s E-title bank account in the name of the victim without authority by entering the password, etc. into the agricultural bank account in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (No. 4 of the evidence list);

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Articles of the Criminal Act and Article 347-2 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment of concurrent crimes with the punishment provided for in paragraph (2) of the said Article) for concurrent crimes;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 59(1) of the Criminal Code Article 59(1) of the suspended sentence exceeds 10 years.