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(영문) 광주지방법원 2016.07.15 2015고단3927
방실침입등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant from around April 2011 to the same year

6. Until June 16, 198, he worked as an employee of the “D” Maurel in the Southern-gu Seoul metropolitan area.

1. On June 15, 201, at around 01:00, the Defendant: (a) requested the victim E to withdraw money from the victim E who was accommodated in the said 5-story room; (b) discovered that there was a balance of KRW 24 million in the connection account of the said neck card; (c) 500,000,000,000,000,000,000,000,000 won to the connection account of the said neck card, upon receiving the victim’s request from the victim to withdraw money.

At around 03:30 on the same day, the Defendant confirmed the CCTV that the victim's guest rooms are opened in each floor installed therein while working in the telecomter, and entered the gap in which the victim is under the influence of alcohol in order to eliminate the above physical card.

Accordingly, the Defendant invadedd the room in which the victimized person was lodging.

2. The accused who used a computer or any other computer and any other means shall take off the above cream cards from a wall on which he/she continued to be off in the guest room pursuant to paragraph (1).

Then, at the above telecom address convenience store, he obtained financial benefits equivalent to the above amount by inserting the check card into the cash withdrawal machine installed therein without authority, and inputting the information that transfers 2,750,000 won from the check account with the Defendant’s name foreign exchange bank account from the password to the Defendant’s name bank account and making the information processed.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement in the police statement protocol against E;

1. Application of each Act or subordinate statute stated in a complaint, copy of passbook, details of savings deposit transactions;

1. Relevant Article 319 of the Criminal Act concerning the crime, Article 319 of the Criminal Act (the point of intrusion) and the Criminal Act concerning the selection of punishment.

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