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(영문) 대구지방법원 서부지원 2018.03.27 2017고정241
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has worked as an employee in the victim C, operated by the Daegu Seo-gu Office B.

1. On May 24, 2016, the Defendant, including computers, entered the amount of KRW 750,000 in total after recognizing his/her e-mail card at the e-mail charging machine installed therein at the above convenience store around 02:00.

Accordingly, the defendant entered information without authority into a computer or any other information processing device and acquired a total of KRW 750,000 property profit.

2. The Defendant shall not take out 50,000 won in cash, which is the victim’s possession, located in the same date and time as in paragraph (1), at the same place as in paragraph (1), and within the payment period for cash withdrawal in a large-scale account, for cultural merchandise coupon equivalent to the market price of 185,00 won, and for tobacco equivalent to 418,500 won in market price.

They go back.

As a result, the Defendant stolen the property amounting to KRW 1,103,50,00.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Confirmation of the identity of a person who has reported on the results of field identification, a written appraisal, and a thief;

1. Application of Acts and subordinate statutes to a criminal investigation report (suspect identity), investigation report ( Requiring photographs and CD attachment);

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

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;

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