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(영문) 청주지방법원 2014.05.29 2014고단383
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Justice] On November 1, 2012, the Defendant was sentenced to one year of imprisonment by larceny, etc. at the Suwon District Court, and completed the execution of the sentence on June 24, 2013.

【Criminal Facts】

1. Around 14:00 on March 19, 2014, the Defendant illegally uses a motor vehicle of the victim without the consent of the victim by driving the motor vehicle, which was parked in the victim’s house parking lot using the Epir keys owned by the victim in advance, while living together with the victim at the home of the victim D, which is a considerable amount of Cheongju-si, Cheongju-si.

2. From 14:14 on the same day as above 14:14, the Defendant stolen, by inserting a cash-related check in the name of a national bank in the name of D, which was in possession of the victim bank in advance at the gold-dong branch of the National Bank of Korea, which was established at a certain point, from the Defendant’s bank, and then withdrawing the deposit of KRW 5 million in total, by entering each of the withdrawal amount into five times, and entering one million won and passwords.

3. The Defendant used computers, etc.: (a) puts a check card of the pertinent national bank in the name of D, which was in possession of the victim bank in advance at a time, and at the same time, at an automatic cash payment machine managed by the victim bank; and (b) puts a transfer of KRW 5 million from the national bank account in the name of D to the national bank account in the name of the defendant, without authority.

Accordingly, the defendant acquired property benefits equivalent to 5 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. Each police statement concerning D;

1. A detailed statement of passbook transactions;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, replys to criminal records, judgments, investigation reports (precluding repeated crimes and reports on confirmation according to the same criminal records);

1. Criminal facts;

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