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Reasons
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(영문) 인천지방법원 2017.02.03 2016고단8910
컴퓨터등사용사기
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

When the Defendant became aware of the victim’s account and official identification number, location of security cards, etc. in the process of using the victim’s account and transfer in the office of “D” operated by the victim C in the Nam-gu Incheon Metropolitan City, Nam-gu B5th, and the account transfer to the victim’s account, the Defendant used this to arbitrarily transfer money from the account in the name of the victim to the account in the name of the Defendant.

Accordingly, on June 24, 2016, the Defendant sent KRW 3,000,000 to the Agricultural Cooperative (F) account in the name of the Defendant at around 17:46, but around 11:00,000 on June 27, 201 and transferred KRW 17,00,000 from around 27:46, around 27:09, around 27:09, to one bank account in the name of the victim by entering the account number, account password, and official identification number, and security card number in the name of the victim without authority.

As a result, the defendant obtained a total of 22,00,000 won by inputting the account information and password of the victim into the computer without authority three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to data containing details and passwords of transfer;

1. Relevant Article of the Criminal Act and Article 347-2 of the Criminal Act (integrated, choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration, such as the fact that the defendant is against whom he/she commits a crime, the fact that the defendant has no record of punishment heavier than imprisonment without prison labor, and the fact that the defendant has agreed smoothly with the victim

1. The community service order under Article 62-2 of the Criminal Act;

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