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(영문) 인천지방법원 부천지원 2019.06.03 2018고단3217
컴퓨터등사용사기등
Text

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

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

Reasons

Punishment of the crime

1. On September 15, 2018, on September 13:40, 2018, the Defendant: (a) carried out the following following procedures: (b) around 171, the Defendant: (c) carried the victim B from the unmanned boarding machine in the waiting room for the shuttle bus terminal; (d) obtained one (e.g., KB national debit card; and (e) returned it to the victim; and (e) carried out the necessary procedures.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On September 15, 2018, the Defendant violated the Computer, etc. Fraud and Specialized Credit Financial Business Act: around 14:29, the Defendant collected the above debit card, which is owned by the victim at the above location, and settled KRW 7,900 with the above debit card when purchasing the passenger tickets for Gangnam Gyeong-chill bus operation.

Accordingly, the defendant acquired property benefits equivalent to 7,900 won by inputting the victim's debit card information into the data processor without authority, and used the victim's lost debit card.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of relevant photographs, confirmation of the details of use of credit cards by victims, and the application of 1/1 of boarding passes bought by a suspect as a damaged article;

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles), Article 347-2 of the Criminal Act, Article 70(2)3 of the Specialized Credit Financial Business Act (the point of use of lost cards) and selection of fines;

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

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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