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(영문) 서울남부지방법원 2013.10.24 2012고단4631
컴퓨터등사용사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On July 3, 2012, around 09:15, the injured Defendant demanded the victim’s D (the 57-year-old 57-year-old her husband who was divorced in Yangcheon-gu Seoul, Yangcheon-gu, Seoul) to “at the time of the victim’s her husband, who was the husband of the victim’s 1,40,000 won, brought about the victim’s bodily injury, such as video, etc., on the ground that the victim was disregarding the victim’s her husband who was at least 1,40,000 won without having to make up for the Defendant.”

2. A thief: (a) around July 3, 2012, the Defendant came to a community credit cooperative located in the Newdong, Yangcheon-gu, Seoul; (b) around July 3, 2012, the Defendant collected the credit cards of a new bank in the name of the victim, which was temporarily carried out at the office of the said victim D, from the said victim’s credit card; and (c) withdrawn the withdrawn amount of one million won and password from the victim’s new bank Mabner; and (d) withdrawn one million won in cash from the victim’s new bank Maspbook.

Accordingly, the defendant stolen the victim's property.

3. The Defendant, by using computers, etc., opened at the time and place specified in paragraph 2, issued a credit card of the victim D, which was in possession of the said credit card, and obtained a password, and transferred KRW 1 million from the victim’s new bank account to the E bank account.

Accordingly, the defendant acquired economic benefits of 1 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. A medical certificate;

1. Injury photographs;

1. Application of Acts and subordinate statutes on account transactions;

1. Articles 257 (1), 329 and 347-2 of the Criminal Act applicable to the relevant criminal facts;

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

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