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(영문) 대구지방법원 2014.10.02 2014고정1276

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 1, 2013, around 20:0, the Defendant lent KRW 300,000 to the victim D around 102 Dong-gu, Daegu Building 102 Dong-gu, 102, 102. On the condition that only 300,000 won were withdrawn from the victim, the Defendant got a passbook in the name of the victim to withdraw the amount much more than the amount using it.

Around June 1, 2013, the Defendant entered and withdrawn the amount of the money to be withdrawn at the Dong branch in Daegu-gu, Seoul-gu, and one million won in cash payment period. In addition, around June 4, 2013, at the Dong branch in Daegu-gu, the Defendant entered and withdrawn the amount of the money to be withdrawn in one million won in the same manner using the fact that the Defendant kept the agricultural bank passbook of the victim not to return the passbook.

Accordingly, the defendant acquired property benefits of 1.7 million won by making data processed without authority in computer and other information processing devices.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of a copy of a bankbook in the name of the Bank;

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.