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 became final and conclusive.
Reasons
Punishment of the crime
On November 11, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Suwon Flag method, and the judgment became final and conclusive on January 20, 2017.
1. On November 6, 2015, the Defendant was a woman-friendly Gu in Pyeongtaek-si apartment at around 16:00 on November 6, 2015, 103 Dong 109
D Within the extent of section D.
D 1 copy of the cash card of the National Bank of Korea, which is owned by the owner, has been set up, and then collected the card on the automatic withdrawal machine managed by the non-victims installed in the above apartment unit, and then withdrawn one million won in cash by entering the password known in advance.
2. On September 17, 2015, the Defendant used a computer and other means: (a) from the automatic withdrawal machine of the cash in the office of Seo-si, Seo-dong, Seo-si, the Defendant collected the cash card of a national bank in the name of the victim from the bank of the victim D to the cash withdrawal machine; and (b) transferred KRW 6 million from the victim’s national bank account to the agricultural bank account in the name of the Defendant to the Defendant’s agricultural bank account; and (c) from that time to December 13 of the same year, from that time, the Defendant transferred KRW 25,50,000,000 to the Defendant’s agricultural bank account from the victim’s national bank account in the same manner as written in the list of crimes in the attached Form.
Accordingly, the defendant acquired property benefits by inputting information without authority in a cash withdrawal machine, which is a computer or any other information processing unit.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Details of financial transactions of the victim account;
1. Previous conviction: Application of the text of the Act and subordinate statutes of the Supreme Court Decision 16Do1680 delivered on the screen of the case summary information inquiry (verification date); application of the text of the Act and subordinate statutes of the Supreme Court Decision 16Do1970 delivered on the screen of the case summary information;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act (a point of fraud, such as computer, etc.) and the choice of imprisonment, respectively;
1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.