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(영문) 서울동부지방법원 2017.11.08 2017고단2912
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Larceny;

A. From early 2017, the Defendant: (a) from around 2017, while residing together with D in Songpa-gu Seoul Metropolitan Government C lending C, 501 to D; (b) on June 18, 2017, at around 00:30, D’s above house, caused the theft of one debit card, which is the victim E, owned by the victim E.

B. On June 18, 2017, at around 01:30, the Defendant: (a) inputs a stolen debit card at the location of the victim’s citizen bank in Songpa-gu, Songpa-gu, Seoul, and then came to a location at the seat of the Dong-dong branch of the Victim’s Bank; and (b) withdrawn KRW 3 million in cash, the victim’s possession, by inputting the password “a password”, “3,000,000 won”, which the Defendant came to know by an indemnating method, and then cutting down it.

2. Around June 18, 2017, the Defendant used a computer, etc.: (a) inputs a stolen debit card at the location of the Defendant’s National Bank; and (b) obtained passwords; and (c) transferred KRW 18 million in total to the new bank account in the name of the Defendant from the National Bank account in the name of E to the new bank account in the name of the Defendant; and (d) transferred KRW 18 million in total on three occasions.

Accordingly, the defendant acquired property benefits of 18 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D;

1. Application of Acts and subordinate statutes to the details of financial transactions;

1. penal provision - Each Criminal Code 329(each larceny) - Criminal Code 347-2 (Fraud by means of computers, etc.) - Selection of imprisonment, respectively;

1. Reasons for sentencing under Articles 37 and 38 of the Criminal Act aggravated for concurrent crimes [the scope of recommendations] 37 and 38 of the General Fraud [the scope of recommendations] No basic area (from June to one year and six months) / [the person subject to special sentencing] - The maximum aggravation of concurrent crimes - The maximum aggravation of basic crimes - the maximum one year and six months 1 year and six months - the maximum 1/29 months thieves 1/36 months - the maximum 1/36 months - the 2 year and nine months / [the decision of sentence] 1 year from six months to nine years / [the decision of sentence] of the recommended punishment

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