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(영문) 대전지방법원 서산지원 2013.06.20 2013고단80
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from March 1, 2010 to October 30, 201, was engaged in purchasing rice and selling rice, etc., while serving as an agent in the head of the DNA grain processing area of the victim Cagricultural cooperatives located in Seosan City-si B.

1. On March 10, 2010, the Defendant used computers, etc., entered false information as if he purchased rice 4,400 kilograms from the above E in a purchasing-management computer, even though he did not have purchased rice from the male wife of the suspect, and then, on the same day, he automatically remitted 4,840,000 won to the agricultural bank account under the above E in the name of the Defendant’s ordinary management at the above Daesctic Treatment Center’s account to automatically transfer the purchase price of KRW 4,840,00 from the above Daesc Treatment Center’s account to the above Daesc Treatment Center’s account. The crime list is below.

1. As indicated above, from March 10, 201 to November 29, 2010, an entry of false information into a computer or any other information processing device at least eight times, thereby obtaining pecuniary benefits equivalent to KRW 52,751,069 in total.

2. Around March 28, 2011, the Defendant: (a) sold rice intended to go to F Company G, a customer, within the foregoing DB’s office; (b) sold 13,600,000 won of the sales proceeds on the same day to the above DB’s account; and (c) transferred money to the above E’s account in the name of the Defendant’s ordinary management without being transferred to the said DB’s account; and (d) arbitrarily used it as repayment of loans and agreed money for traffic accidents during the course of the business custody; and (c) the following crime

2. As stated in the foregoing, the entries were embezzled by arbitrarily using KRW 58,863,50,00 in total four times from March 28, 2011 to September 2, 201, during the occupational storage, due to loans repayment, traffic accident agreement, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and E;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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