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(영문) 대구지방법원 2017.02.16 2016고단4313
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C had a relationship between July 2012 and March 2015, and C had been in possession for the purpose of using it as the cost of living from around July 2014.

Using C's parent-friendly D's one card, it received loans from the Defendant and C at the time, and had the Defendant repaid other debts.

On March 5, 2015, the Defendant and C received a loan of 198 million won from one card and transferred the above amount to the Daegu Bank account (F) in the name of D by means of inserting one card (credit card No. E) received from C in the automatic withdrawal machine installed therein and inputting the password into the loan amount, installment period, repayment method, etc.

Accordingly, the defendant, in collusion with C, obtained property benefits equivalent to 198 million won by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Each legal statement of the defendant and C

1. A written protocol concerning the examination of suspect by the prosecution against the defendant or C (including D)

1. Statement made by the prosecution with regard to D;

1. Certification of financial transactions and certification of details of deposit transactions;

1. Application of Acts and subordinate statutes to investigation reports (a suspect C's mother-friendly D lending and details of use of one card in the suspect C);

1. Relevant Article of the Criminal Act, Articles 347-2 and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In general fraud [Article 62(1) of the Criminal Code, there is no person who has been sentenced to a fine or a heavier punishment [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1)] [Article 62(1) of the basic area [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] [Article 62(1) of the Criminal Act] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution

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