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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[Criminal record] On December 18, 2008, the Defendant was sentenced to imprisonment for a crime of use, such as computer, at the Busan District Court, for three years and six months, and completed the execution of the sentence on May 7, 2012.
[Criminal facts]
1. On March 24, 2013, around 19:00, the Defendant: (a) confirmed that the windows were opened on the 2nd floor office located in Busan Metropolitan City EF in Busan Metropolitan City; (b) confirmed that there was no person inside the office; and (c) intruded into the office through the window; (d) took part of the credit card 1 (H) and 1 (I) of the Japanese bank credit card; and (e) continuously cut down the 200,000 won of the market value with Samsung Digital Ca, the amount of which is equivalent to 30,000 won of the market value, and with cell phone distribution stations and charging machines in the amount of KRW 30,00 of the market value.
2. On March 24, 2013, at around 22:30, the Defendant violated the Act on thief and credit finance business: (a) included the company bank’s credit card in the name of G, which was stolen, and then withdrawn KRW 6,00,000 in cash on six occasions, as described in paragraph (1), in the automatic cash payment period for the bank bank that is managed by the victim who suffered from the loss in the territory of Busan Metropolitan City, Nam-gu, Busan; (b) included the password in the bank’s credit card in the name of G, and then withdrawn KRW 13,830,000,000 from around that time until March 25, 2013 by withdrawing the deposit with the credit card in the name of G or receiving cash services, and used each stolen credit card twice as described in the separate crime list No. 3 and No. 4.
3. Computer and other fraudulent means;
A. On March 24, 2013, the Defendant: (a) included the credit card of a corporate bank in the name of the victim G, which was stolen from the automatic payment machine of 312 corporate banks located in Nam-gu, Busan Metropolitan City (the place indicated in the table No. 1 of the annexed crime No. 5) around 22:36, 201, and entered the card password without authority; and (b) entered the card password from the corporate bank account in the name of the victim to the agricultural bank account in the name of the Defendant (the account number: J).