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(영문) 부산지방법원 2012.07.03 2011고단5151
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 26, 201, at around 23:00, the Defendant: (a) obtained, from a computer or any other information processing device, a pecuniary benefit of KRW 300,000,000, from which the Defendant was delegated by C to withdraw cash of KRW 300,000,000 from the Plaintiff’s Bank; (b) obtained, on the same day, from a cash withdrawal machine managed by the Plaintiff Co., Ltd., Ltd., Ltd., Electronic Finance; (c) collected 300,000,000, and collected 300,000,000,000, from the Plaintiff’s 300,000,000,000 from the Plaintiff’s 30,000,000,000 from the Plaintiff’s 30,000,000,000,000 from the Plaintiff’s 25,201.

On May 27, 2011, from around 00:10 to around 00:46, the Defendant continued to collect 3,300,000 won in total once by inserting the e-mail card cited in a cash withdrawal machine managed by the victim Korean Electronic Finance Co., Ltd., Ltd., Ltd., the E-mail store in Busan Seo-gu, and by inputting the password already known.

Accordingly, the defendant stolen a total of 3.3 million won from the victim.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Application of laws and regulations on police statements to C, F, and G;

1. Relevant Articles 347-2 and 329 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention.

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