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Reasons
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(영문) 서울남부지방법원 2020.04.09 2019고단6492
컴퓨터등사용사기등
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

1. On August 5, 2019, the Defendant: (a) on the C frontway in Jung-gu Incheon, Jung-gu, Incheon on August 5, 2019, he/she embezzled the lost E-credit card (credit card number:F) by acquiring one copy; and (b) returning it to the victim; and (c) without following necessary procedures.

2. On August 5, 2019, the Defendant violated the Computer, etc. Fraud and the Specialized Credit Financial Business Act: (a) around 21:53, 2019, the Defendant entered the information on credit cards into the unmanned electric shock machines managed by the victim G without authority and charged KRW 400,000,000 to the Habs Card, regardless of the absence of the right to use the E-ray, which is owned by the D owner, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Card details and photographs;

1. Application of sales slip Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of fraud by Use of Computer, etc.), and the selection of fines, respectively;

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;

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized and reflects the instant crime; (b) the amount of damage to the instant crime is not in itself significant; (c) the Defendant paid the full amount of damage to the victim after the institution of prosecution; and (d) the Defendant did not have any record of punishment for the same kind of crime; and

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