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(영문) 서울북부지방법원 2016.9.29.선고 2016고정1727 판결
컴퓨터등사용사기,점유이탈물횡령
Cases

2016False 1727 Computer, etc. Fraud, and embezzlement of occupied stolens

Defendant

A person shall be appointed.

Prosecutor

○○ (Acting for Prosecutor, Prosecution, etc.), ○○○ (Trial)

Imposition of Judgment

September 29, 2016

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

Seized transportation cards (No. 1) shall be returned to the victim's name unrefilled person.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

1. Embezzlements of lost possession;

On May 29, 2016, the Defendant embezzled her idea, without following necessary procedures, such as the acquisition of glock-paid cards (number:******************)1 of the Victim’s name and return it to the victim at the bottom of the glock truck in the vicinity of 1074, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, 107.

2. Fraud by using computers, etc.;

On May 29, 2016: around 00, the Defendant: (a) in the official rolling stock station managed by the Seoul Special Metropolitan City, Nowon-gu, 1074 victim Seoul Urban Railroad, the Defendant: (b) in contact with the adult subway fare of KRW 1,250 (in the case of card use), but (c) paid 450,00,000,000,000,000,000,000,000,000,000,000,000 won for children, by entering an illegal order into the computer and other information processing devices; and (d) obtained the pecuniary benefits equivalent to the difference between around that time and June 3, 2016:3,200,000 won for a total of four times between 0:00 and 24.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of ○○○;

1. Records of seizure and the list of seizure;

1. A photograph of damaged articles;

1. Investigation report (Binding a detailed statement of getting on and off a ship);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 360(1) of the Criminal Act (Embezzlement of Lost Articles by Possession), Article 347-2 (Fraud by Use of Computer, etc.) of the Criminal Act, and Selection of each fine

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Return to a victim;

Article 333(1) of the Criminal Procedure Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Cho Jae-sung

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