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(영문) 창원지방법원 마산지원 2016.11.30 2016고단668
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Larceny;

A. On June 17, 2016, around 06:30 on June 17, 2016, the Defendant: (a) committed a theft with a vinyl 202, which contains one cell phone and one driver’s license owned by the victim, and one copy of Samsung Gallon, which is the victim’s ownership, at the market price equivalent to KRW 500,000,000, in the case of Samsung Gallon, a male-friendly job victim E, and one copy of Gyeongnam Bank (hereinafter “Gyeongnam Bank”); (b) one Gyeongnam Bank security card; (c) one Gyeongnam Bank security card; and (d) one son bank’s physical card password and an authorized certificate password.

B. On June 17, 2016, around 06:59, the Defendant: (a) removed and stolen KRW 700,000 in cash from the cash withdrawal machine installed in the name of Gyeongnam Bank, which was stolen, from the 365-day copon at the 365-day male Dong-dong male branch in Changwon-si, Changwon-si.

2. The Defendant’s fraud by using computers, etc.: (a) came to know the ID and password used for the Internet banking of the Konam Bank Internet banking for the victim of E, by advertising out the E’s future deposits from the above account under the name of E; and (b) thought to be used for the Defendant’s living expenses.

On June 17, 2016, the Defendant entered E’s ID and password into the victim’s Internet banking site without authority, using E’s mobile phone, and then transferred KRW 4.22,20,000 from the above account under the name of the Defendant to the Nonghyup Bank account in the name of the Defendant.

As above, the Defendant acquired property benefits equivalent to KRW 4.22 million by inputting information into computers and other information processing devices without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E prepared by the police;

1. Reports on internal investigation (limited to CCTV photographs that a suspect withdraws in cash of a victim);

1. Application of Acts and subordinate statutes concerning the details of transactions of bankbooks in the name of the victim;

1. Criminal facts;

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