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(영문) 서울서부지방법원 2017.04.25 2016고단3341
사기등
Text

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

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

Reasons

Punishment of the crime

1. Larceny;

A. On June 1, 2016, around 20:00, the Defendant discovered one copy of the KB C&C card that the victim set up on TV set off in the residence of the victim No. 901, 608, Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu, 201.

B. On June 3, 2016, around 12:43, the Defendant: (a) cut off the cash withdrawal machine at a national bank Hong Dong branch in the 464 red building in Seodaemun-gu Seoul, Seoul, by inserting the KSB card owned by the stolen victim D in a cash withdrawal machine; (b) withdrawing KRW 200,000 in cash on two occasions, such as withdrawing KRW 50,000 in cash by withdrawing KRW 12:45 on the same day.

2. On June 4, 2016, the Defendant used computers, etc.: (a) from the cash withdrawal machine at the point south of the cash withdrawal machine located in the third floor of the 151 Hyundai Fladro, the south-ro 151 Mad, the Defendant: (b) stored the stolen victim DNA Card in cash withdrawal machine; and (c) entered the password prior to being known in the account in the name of the victim’s bank; and (d) entered the password in the account in the name of the national bank.

2 million won was transferred to the account (F) in the name of the defendant E, the creditor of the defendant.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

3. From June 3, 2016 to June 7, 2016, the Defendant purchased food equivalent to KRW 100,000,00 in H restaurant located in G, the Defendant acquired financial benefits equivalent to the amount of KRW 5,476,80,00 in total from June 3, 2016 to June 7, 2016, by suggesting that he/she was the Defendant’s card (debit card) in the name of D that was stolen as if he/she was the Defendant’s card, and by paying the amount of KRW 5,476,80 in total from June 3, 2016 to June 2016.

4. The Defendant in violation of the Act on Specialized Credit Financial Business shall extend over 28 times at the same time and place as the preceding paragraph.

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