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(영문) 대구지방법원 포항지원 2016.07.20 2016고정119
컴퓨터등사용사기
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

The defendant and the victim C shall be from May 5, 2015 to the same year.

7. By October, 10, the Defendant was a company that engaged in food supply business, together with other companies. At the time of engaging in the business with the victim, the Defendant was to use the victim’s wife D accounts together with the victim’s wife, and was to have D passbooks and cash cards opened.

On September 7, 2015, the Defendant entered the cash card received from the victim in the automatic withdrawal machine of Maart, in one of the agricultural cooperative markets located in the Maart-si Si, North-si death even at port on Sep. 7, 2015, when the relationship was terminated, and then withdrawn the amount without authority, and acquired property profits equivalent to two million won.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the suspect against the accused (including a cross-examination);

1. Application of the police statement protocol law to C

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense and Article 347-2 of the choice of punishment;

1. Articles 70 and 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;

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act concerning the costs of lawsuit

1. The summary of the argument is that the money that the Defendant released on the day of the instant case was deposited before the Defendant’s mold, and thus, the Defendant did not have any intent to obtain unlawful profits.

2. According to the evidence duly adopted and examined by this court, the Defendant can be found to have deposited KRW 2 million in the name of repayment of some of the symptoms of the Defendant borrowed 15 million on July 11, 2015 against the victim prior to the instant title, and according to this, insofar as the Defendant did not have the right to withdraw the above two million won, and the Defendant did not withdraw from the Republic of Korea without the authority, the Defendant may be found to have the intention to acquire unlawful profits.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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