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(영문) 서울북부지방법원 2016.04.28 2016고정156
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a taxi engineer.

1. On May 24, 2015, at around 08:50 on May 24, 2015, the Defendant embezzled, on his own initiative, a cash of KRW 40,000,000, KRW 60,000,00,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000

2. The Defendant violated the law on fraud using computers, etc. and credit-based financial business, etc., entered a physical card acquired as referred to in paragraph 1 into an order without authority on the card terminal as if he own the card and settled the taxi fee of KRW 333,00,00, and acquired financial benefits and used the lost physical card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigative reports (credit card settlement message);

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of items departing from possession), Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 70 (1) 3 (the use of lost credit cards) of the Act on Financial Business Specializing in Credit, 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)1 of the Criminal Procedure Act of the Provisional Payment Order

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