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(영문) 광주지방법원 2016.09.20 2016고정672

컴퓨터등사용사기등

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. Larceny;

A. On September 18, 2015, the Defendant, at around 11:00, stolen a cash card of KRW 70,000 and agricultural cooperatives in the “D cafeteria” parking lot located in Gwangju Mine-gu, with a total of KRW 70,000 and KRW 70,000 in cash within the wall of the victim F in EK7 passenger cars parked therein.

B. At around 13:01 on the same day, the Defendant collected the said F’s cash card from the cash withdrawal machine managed by the Victim’s National Bank in Gyeyang-gu, Gwangju, and entered the password known in advance, and then withdrawn KRW 2 million in cash owned by the Victim’s National Bank and stolen it.

2. Around 12:55 on the same day, the Defendant used a computer and others: (a) entered a stolen F’s cash card in the cash withdrawal period, and entered the cash card password without authority; (b) entered information to transfer KRW 6 million owned by the Defendant’s national bank to the Defendant’s account in G’s name; and (c) obtained pecuniary benefits equivalent to the same amount by receiving the said money.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on occurrence (thief), investigation report (related to withdrawal of cash cards owned by a victim), application of Acts and subordinate statutes to photographs;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act (the point of larceny), Article 347-2 of the Criminal Act (the point of fraud by using computers, etc.), and selection of fines, respectively, for criminal facts;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;