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(영문) 전주지방법원 2019.08.12 2019고단1008
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From April 2015, the Defendant had been working as a secretary at the “B Certified Judicial Scriveners Office” operated by the victim B in accordance with the Seoul Building D of the Dongdaemun-gu Seoul Metropolitan Government.

On February 4, 2018, the Defendant collected money from the financial account in the name of the victim and used for private purposes, such as gambling funds. On February 4, 2018, at the above certified judicial scrivener office, the Defendant transferred KRW 35 million to the G bank account in the name of the victim (H) in the name of the victim, using the OTP card kept in the office and transferred KRW 25 million in total from the I bank account in the name of the victim to the above G bank account in the name of the victim, by transferring KRW 25 million from the above G bank account in the same day to the above G bank account in the name of the victim.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Cash withdrawal photographs;

1. Application of Acts and subordinate statutes of investigation report (Attachment to the details of H transactions in the G bank), name of the complainant, and the details of transactions in the G bank account (2016);

1. Relevant Article 347-2 of the Criminal Act and the choice of penalty for the crime, the choice of imprisonment;

1. Reasons for sentencing (the scope of liability for damages is unclear and it is not reasonable to issue an order for compensation) under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. The sentence of sentence shall be followed by the circumstances below and other defendants.

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