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(영문) 춘천지방법원 원주지원 2019.02.14 2018고정289
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 23, 2018, the Defendant was permitted from the victim D to withdraw cash equivalent to taxi fares from the account in the name of the victim under the pretext of withdrawal of KRW 168,000 from the “C Bank short-term branch of the C Bank” located in the “C Bank branch” located in Won-si, Seoul. In addition, the Defendant was permitted to withdraw the taxi fares from the account in the name of the victim.

However, after the defendant received a Cbank passbook under the victim's name, the defendant entered the above passbook in a cash withdrawal machine, and withdrawn KRW 200,000, and did not return the excess KRW 32,000.

Accordingly, the defendant acquired financial benefits of 32,00 won by inputting the information without authority into the information processing device and making it processed.

2. At around 07:07 on the same day, the Defendant: (a) put the CC passbook issued under the above circumstances in a cash withdrawal machine; (b) entered the password; and (c) additionally withdrawn KRW 300,000 in cash in the management of the Victim Cbank, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each investigation report (No. 4,7,8)

1. Relevant Article 347-2 of the Criminal Act, Article 329 of the Criminal Act and the choice of fines for crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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