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(영문) 대전지방법원 2017.06.21 2014고단2508 (1)

컴퓨터등사용사기등

Text

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

The defendant shall obtain money from the applicant D to the applicant for compensation KRW 10,600,000 and the applicant E.

Reasons

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to six months of imprisonment and two months of imprisonment for fraud at the Daejeon District Court. On July 12, 2013, the Defendant was sentenced to two months of imprisonment for the same crime in the same court. On November 25, 2013, the Defendant completed the execution of each of the above punishment at Daejeon Prison.

The Defendant, on June 12, 2014, 2014, called "2014 Highest 2508" with the physical card of G's account and using it to transfer or withdraw the deposit of the said one bank account. On June 12, 2014, the Defendant, at the victim's cell phone case in the victim's cell phone room located in Daejeon Tae-gu, Daejeon Special Metropolitan City, one check card was deducted from the victim's cell phone case.

1. On June 12, 2014, around 11:30 on June 12, 2014, the Defendant used a computer, etc.: (a) put the above e-mail card into the e-mail automatic cash payment machine at a single bank branch located in Daejeon Seo-gu Daejeon-dong, Daejeon; (b) obtained a password prior known, and (c) transferred KRW 700,350 from the G Han bank account to the J’s new bank account to discharge the Defendant’s obligation to J.

Accordingly, the defendant acquired economic benefits equivalent to 700,350 won by inputting information into a computer or any other information processing device without authority.

2. On June 12, 2014, from around 12:41 to 12:43, the Defendant: (a) put the above physical card at the victim bank dialogue dong-dong Daejeon, into the cash automatic payment machine at the victim bank dialogue dong-dong branch in Daejeon; (b) obtained the password prior to being known, and then withdrawn 380,000 won from the G one bank account via two times; and (c) stolen it.

On July 16, 2014, the Defendant made a false statement to the effect that “I will leave a vehicle to work in the vehicle industry company at home” to the victim K in the Dong office located in Seo-gu, Seo-gu, Daejeon.

However, the defendant did not have the intent or ability to repair the vehicle as above, and was thought to be used as living expenses with money.