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(영문) 수원지방법원 평택지원 2017.05.18 2017고단695

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. Larceny;

A. On October 22, 2015, the Defendant stolen a mobile phone case containing LG G4 smartphones and a national bank card, etc. in an amount of KRW 1 million at the market price owned by the victim D, which was located in a living room at a lodging place in the construction site located in Pyeongtaek-si C, around 00:00.

B. On October 22, 2015, the Defendant: (a) posted a cash card issued in the name of a national bank in the name of the victim D, which was stolen, in the form of a cash automatic withdrawal from the Sungnam-si, Macheon-dong, Sungcheon-dong, Incheon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) entered the password prior to the entry, and then withdrawn the cash amounting to KRW 6 million, which was kept in the

2. On October 22, 2015, the Defendant used computers, etc.: (a) entered a password, which had been known in advance, into the electronic financial system managed by the Defendant’s national bank account; and (b) had been actually used by the Defendant from the national bank account of D, when entering a password, as set forth in paragraph 1, at the 3-dong underground store located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Shin-gu, Seoul, into an automatic cash withdrawal from the 3-dong underground store.

The E transferred 24 million won in total to a new bank account in the name of E without permission, in total of 6 million won.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of the details of account transactions in victim D and the details of account transactions in E name;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The victim’s money in a trust relationship with reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Aggravation of Concurrent Crimes was stolen and returned KRW 21 million.