컴퓨터등사용사기등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On June 2, 2012, the Defendant: (a) at the D's store located in Ansan-si, Seoul-si, the Defendant: (b) released one million won in cash from the victim F; and (c) had a credit card in the name of the victim under the Plaintiff’s name, and (d) re-dried the said credit card from E.
1. Computer, etc. fraud;
A. On June 2, 2012, the Defendant: (a) obtained financial benefits equivalent to KRW 3,890,000 in excess of the right of withdrawal from the victim by inserting the credit card of the victim to the cash withdrawal machine located in Ansan-si, Ansan-si; (b) notwithstanding the fact that the Defendant was not authorized to withdraw one million won in cash from the victim; (c) notwithstanding the fact that the Defendant received an order from the victim to withdraw one million won in cash from the said cash withdrawal machine; and (d) instead, (d) obtained financial benefits equivalent to KRW 3,890,00 in excess of the right of withdrawal from the victim
B. At around 22:40 on the same day, the Defendant received 80,000,000 cash services from the said victim by inserting the credit card of the victim into the said cash withdrawal machine, and inputting the password and amount, and acquired financial benefits equivalent to the same amount from the said victim.
2. The Defendant embezzled embezzling one million won, which was the victim’s possession upon the victim’s request at the time and place specified in paragraph (1). Around that time, the Defendant embezzled embezzling by voluntarily consumed entertainment expenses, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement to F and E;
1. Application of the statutes of the detailed statement of transactions of the victim account;
1. Relevant Articles 355(1) and 357-2 of the Criminal Act, the Criminal Act and the choice of imprisonment with prison labor for each crime;
1. While the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are confessions and reflects against the defendant, the circumstances of the instant crime are very inappropriate, and no return measures are taken against the gains he/she acquired.