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(영문) 전주지방법원 남원지원 2015.10.13 2015재고단5 (1)
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

Inasmuch as it cannot reverse the recognition of a crime as to the part of the facts constituting a crime for which no ground for retrial exists in the retrial procedure, the retrial court cannot reverse the conviction by re-examination of that part. However, since a new sentencing should be imposed on that part, only the extent necessary for sentencing can be deliberated only.

(1) As to the part of the crime of fraud using computers, etc. for which no ground for retrial exists among the judgment subject to retrial, a trial is conducted only to the extent necessary for sentencing.

1. On January 18:00 on January 30, 2009, a fraud by the use of computers, etc. took out the cash card (Account Number: K) issued by A on the street at the entrance, which is the agricultural product distribution center in the clocks, at the south of YY-gun, YY-gun.

At around 18:35 on January 30, 2009, the Defendant and A opened the said cash card to the Defendant, and at around 6,000 won, the Defendant entered the said cash card into the said cash payment machine and entered the password, and acquired financial benefits equivalent to the said amount of money by transferring the sum of KRW 18,000,000,000,000 to the account in the name of A without authority.

As a result, the defendant and A conspired to enter information without authority into the information processing device and acquired financial benefits equivalent to 18 million won.

2. On March 27, 2010, the Defendant causing property damage: (a) within the Lnnife car owned by the Victim A (Min, 40 years old) on the road along the road along which the Gnife Highway located in the Yananan City on the river; (b) Defendant B stated, “I will sell his body to the victim and return it to the same as a woman; and (c) I will do so.”

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