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(영문) 부산지방법원 서부지원 2018.10.16 2017고단1831
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant, in around 12:00 on September 28, 2016, acquired a credit card (1 card C) lost by the victim B (48 tax) from the Busan Hyeong-gu, Busan Hyeong-gu, 140, and the New subway Station, and did not return it to the victim or return it to the investigating authorities despite the fact that he/she reported it to the investigating authorities.

Accordingly, the Defendant embezzled the lost credit card by the injured party.

2. The Defendant in violation of the Act on Specialized Credit Financial Business is clear that the Defendant is a clerical error in writing in the bill of indictment on September 29, 2016, as stated in the bill of indictment on September 29, 2016.

From 09:37 to 17:27 on July 9, 2017, an amount equivalent to the total of 1,69,700 won for the subway service charges was used by obtaining approval from the subway stations over a total of 1,206 times.

Accordingly, the defendant uses the lost credit card of another person unlawfully.

3. The Defendant, as stated in 2. A. B., by using another person’s credit card, was processed with a device that calculates subway charges without authority, thereby making data processed by inputting information without authority into a computer or any other information processing device, thereby making a total amount of KRW 1,69,700, which was 1,69,700.

Summary of Evidence

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

1. B’s petition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the embezzlement of items departing from possession), Article 70 (1) 3 (the use of lost credit card) of the Act on Specialized Financial Business, Article 347-2 of the Criminal Act, the selection of fines, etc., and the selection of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant uses the victim's credit card for a long time, and the defendant did not agree with the victim.

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