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(영문) 창원지방법원 진주지원 2017.05.17 2017고단48
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

1. On September 10, 2016, around 07:00, the Defendant: (a) opened a steering door for the victim’s DNA car parked in Jinju-si, Jin-si; and (b) cut off one head of the Tong Tong in the name of E, Inc. and one agricultural cooperative head under the name of E, which was managed by the victim who was kept in the room again of the said car; and (c) stolen this.

2. Computer and other fraudulent means;

A. On the same day, the Defendant: (a) entered the agricultural cooperative passbook in the name of the said Incorporated Co., Ltd. in the cash withdrawal machine installed in the said Co., Ltd.; (b) entered the password without authority; and (c) transferred KRW 6,550,690 owned by the said Incorporated Co., Ltd. to an account in the name of the National Tax Service, thereby having the Republic of Korea gain pecuniary advantage equivalent to the said amount.

B. On the same day, the Defendant, from the automatic withdrawal machine of Jinju-dong Co., Ltd., the other party of the same day, stored the passbook in the cash withdrawal machine installed in the above Co., Ltd., and entered the password without authority, and transferred KRW 5,229,150 to the account in the name of the National Tax Service, thereby having the Republic of Korea gain pecuniary advantage equivalent to the above amount.

(c)

On the 11th day of the same month, the Defendant: (a) entered the agricultural cooperative head of the said F F in the cash withdrawal machine installed in the said copier; (b) entered the password without authority; and (c) transferred KRW 19,180,000 owned by the victim agricultural cooperative to the agricultural cooperative account in the name of the Defendant; and (d) acquired pecuniary benefits equivalent to the amount of the above money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant legal provisions of the Criminal Act, the choice of punishment under Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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