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(영문) 제주지방법원 2018.10.26 2018고단505

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who works as a police assigned for special guard belonging to the C management unit in the Jeju City B.

On December 6, 2016, the Defendant entered false information that he/she had left office on the same day immediately after the lapse of 18:00 hours, by entering the ID and password of the Defendant on a computer installed in the office, and had been engaged in overtime work until 21:07 on the same day by entering the Defendant’s ID and password into the e system installed in the office, and had access to the e system installed in the administrative management system, and received KRW 21,784,00 from that time to August 20, 2017, by applying for overtime work to the head of the C management group who is aware of the fact, and received KRW 21,784, an overtime allowance for 2 hours and 7 hours, and received KRW 446,572,00 from that time to August 20, 2017.

As a result, the defendant has forged special media records such as electronic records of public officials or public offices for the purpose of hindering the management of affairs, and exercised them, and received property by deceiving the person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of application for work in excess of the former and the former status of work in the former;

1. Application of Acts and subordinate statutes concerning details of transactions of receipt of remunerations and overtime allowances;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 227-2 of the Criminal Act (a point of fraud, such as electronic records), Articles 229 and 227-2 of the Criminal Act, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act (including the fact that the crime is recognized and reflected, and the fact that the money obtained by deception and the additional dues are returned);

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;