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(영문) 대구지방법원 포항지원 2017.06.27 2017고단515

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 29, 2016, the Defendant stolen, with one copy of the victim D post office card in which C was in custody of the victim D, by using the gaps where C in a de facto marital relationship is locked in his/her residence located in Southern-gu B at a port of port on December 29, 2016.

2. Computer and other fraudulent means;

A. On December 29, 2016, the Defendant inserted a stolen physical card and entered a password without authority, and transferred KRW 9 million to the post office account (E) in his/her name, at the time of the cash payment in Song-do post office located in Dong-do, Nam-gu, Chungcheongnam-do, Nam-do, Nam-do. < Amended by Act No. 1417, Dec. 29, 2016>

As a result, the Defendant obtained financial benefits equivalent to KRW 9 million by inputting information without authority in a cash payment machine for post offices, such as computer, etc.

B. On December 30, 2016, around 14:14, the Defendant inserted a stolen e-mail card at the annual cash payment period located in Nam-gu Dong-dong, Nam-gu, Seoul, and entered a password without authority, and transferred KRW 30 million to the above e-mail account in his/her name.

As a result, the Defendant obtained financial benefits equivalent to KRW 30 million by inputting information without authority in a daily post office cash payment machine, which is a computer and other information processing unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A detailed statement of entry and withdrawal of a bankbook and a copy of the bankbook;

1. Application of each statute on photographs;

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment (absent point, a choice of imprisonment with prison labor) and Article 347-2 of the Criminal Act (absent point, and a choice of imprisonment with prison labor);

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. Crimes No. 1 (Fraud) on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure for the following crimes: (a) the mitigation area (one month to one year) (one year), the mitigation area (one month to one year), [a person who is specially mitigated] the non-regulation of punishment, or the recovery of considerable damage, is set forth in Article 62(1) of the Criminal Act (the scope of the recommended punishment) (the scope of the punishment).