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(영문) 대구지방법원 서부지원 2017.05.26 2016고단2764

컴퓨터등사용사기등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 2015, the Defendant received the passbook, cash card, and password (C) from the victim’s bank account in the name of the victim upon the request of the victim from the victim who was enrolled in the Daegu Prison on early 2015. On the other hand, the Defendant received the passbook, cash card, and password from the victim’s bank account in the name of the victim. On the other hand, the Defendant received the passbook, cash card, and password from the victim’s bank account in the name of the victim upon the request of the victim to pay the attorney fee instead of the attorney fee.

1. On February 27, 2015, the Defendant transferred KRW 15,500,000 exceeding KRW 10,500,000 to the Defendant’s National Bank Account (E) from the said Daegu Bank Account of the damaged person, which was delegated by the victim to use at the attorney’s expense, at the Daegu Bank Account of the damaged person.

Accordingly, the defendant acquired financial benefits equivalent to 10,000,000 won by inputting information into a computer or any other information processing device without authority.

2. The Defendant, at around 15:30 on June 18, 2015, withdrawn KRW 100,000 from the said Daegu Bank account of the victimized party using the victim’s cash card that he/she held on the said ground, from around 15:30 on the same year.

7. 23. 15:48 Daehan withdrawn 150,000 won in the same way in the same way from the FTM aircraft and acquired a total of 250,000 won pecuniary benefit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by a victim's telephone), investigation reports (to hear additional statements by a victim), and reports on internal investigation (cash theft deposited in the head of a Tong);

1. Relevant Articles 347-2 and 347-2 of the Criminal Act concerning criminal facts, the selection of a fine (including the payment of a reasonable amount of damage, the full agreement with the victim, the defendant has no record of criminal records exceeding the same criminal records and fine, and the defendant's mistake and reflects the defendant's mistake, etc.);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.