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(영문) 수원지방법원 2013.11.27 2013고정2806
컴퓨터등사용사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In 2007, the Defendant conspired with the Defendant to use money in collecting money from C using the Internet banking password and authorized certificate, etc., which was held by borrowing money from the Defendant, as he did not raise business funds, while running the reproduction machine rental business.

Accordingly, the defendant, around April 30, 2007, connected to the Internet by using C's authorized certificate at the defendant's house located D and 201, which was connected to the Internet by using C's authorized certificate at the defendant's house. After entering the password of the bank's account in the name C, the defendant entered the password of the bank's account in the information processing device managed by the victim's bank in the name C to the new bank's account in the name of the defendant's name, and stated KRW 9.7 million in the bill of indictment in the information processing device managed by the victim's bank, but it appears that the amount of KRW 9.7 million

(15th page of the Investigation Record). The order to transfer the investigation record was entered.

Accordingly, the Defendant, without authority, obtained property benefits equivalent to KRW 9.7 million by allowing the Defendant to process information as above, and the same year.

5. 10.10. at the same place, 7 million won in the same manner, and 2 million won in total and 18.7 million won in the same manner at the same place on the 18th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the petition of a complaint and an investigation report;

1. Relevant Articles of the Criminal Act and Articles 347-2 and 30 of the Criminal Act concerning facts constituting a crime;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence does not have any record of punishment as well as punishment for a fine of KRW 200,000 due to the violation of the Establishment of Homeland Reserve Forces Act. Under the legal doctrine, the victim is a financial institution directly related to the transfer of funds, which is the principle of double payment risk.

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