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(영문) 서울중앙지방법원 2019.01.30 2018고정2027
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has been operating "B" from August 2014 to February 2016.

At around 04:00 on December 26, 2015, the Defendant issued a password to the E Bank (F) account in the name of the victim and the e-mail card that is linked to the account in order for the victim D to pay KRW 420,000,000,000, in the above main point located in CB 1F in Gwanak-gu in Seoul Special Metropolitan City, and ordered the e-mail to withdraw the drinking value of KRW 420,00,000 and KRW 2,000,000,000 from the cash withdrawal machine near the said main point.

Therefore, in order to further withdraw 2 million won by inserting the above e-mail card at the above e-document withdrawal machine, first withdraw 420,000 won, and then, without authority, enter each information, such as the above e-mail card password, and then withdraw 2 million won in total twice.

Accordingly, the defendant acquired property benefits equivalent to 2 million won by inputting information into a computer and other information processing device without authority.

Summary of Evidence

1. Some statements in the suspect examination protocol of the accused;

1. Statement of D;

1. Application of Acts and subordinate statutes to report an investigation (to submit data by a victim and revise the date and time of a crime);

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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