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(영문) 서울서부지방법원 2017.11.10 2017고단219
컴퓨터등사용사기등
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant, around 19:00 on June 18, 2016, at the “E Specialized Driving Schools” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the victim F, who he teach, “I wish to withdraw cash and purchase and return only the film table.”

“After the cream card was issued from the injured party’s false and connected to the agricultural bank account, 97,00 won was settled from the mutual influenite store located in the Dongdong-gu Seoul, and from that time until June 26, 2016, the debit card acquired by deceiving the person was used by settling the total amount of KRW 619,640 won over 22 occasions, such as the [Attachment 1-5, 8, 9, 11 through 15, 18 through 21, 23 through 27, 29, and 29.

2. At around 03:52 on June 19, 2016, the Defendant collected 30,000 won in cash in the cash withdrawal machine and then withdrawn 130,000 won in cash deposited in the Agricultural Cooperatives Deposit Account owned by the victim from that date to the 20th day of the same month, respectively, at around 03:52, the Defendant withdrawn 301,300 won in total on three occasions, including 6,7,10 in the daily list of crimes, and 6,300 won in cash withdrawal period, respectively.

3. On June 23, 2016, the Defendant acquired property benefits by inserting the physical card issued by deceiving the victim, such as Paragraph 1, in cash withdrawal machine, and inputtings the password and information necessary for cash transfer without authority, and transferring KRW 200,900 to G during the period from that time to the 26th day of the same month, from that time, the Defendant transferred KRW 663,40,00 in total on four occasions as shown in the List of Crimes No. 16, 17, 22, and 28.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the second suspect examination protocol against the accused during the police service;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on card use;

1. Article 70 of the Act on Specialized Credit Business concerning criminal facts and the selection of punishment;

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