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(영문) 서울중앙지방법원 2006. 2. 16. 선고 2005고단6586 판결
[컴퓨터등사용사기·폭력행위등처벌에관한법률위반(야간·공동주거침입)][미간행]
Escopics

Defendant 3 and five others

Prosecutor

door-type

Defense Counsel

Attorneys Go Il-woo et al.

Text

Defendant 3, Defendant 4, and Defendant 5 shall be punished by imprisonment for a year and six months, and Defendant 7 by imprisonment for a period of four months, and Defendant 6 by imprisonment for a period of six months, and Defendant 8 by a fine of eight thousand won.

When Defendant 8 fails to pay the above fine, the defendant shall be confined in a workhouse for a period converted by 50,000 won into one day.

Two days under detention prior to the rendering of this judgment shall be included in the penalty against Defendant 6, and two days shall be included in the period of detention in the workhouse in relation to the above fine against Defendant 8.

However, the execution of each of the above punishments shall be suspended for three years from the date this judgment became final and conclusive, and for two years for Defendant 6, respectively.

Defendant 3, Defendant 4, and Defendant 5 are subject to probation.

Defendant 3, Defendant 4, Defendant 5, and Defendant 6 shall order each 160-hour community service work.

Criminal facts

Defendant 3, who was sentenced to imprisonment with prison labor for ten months or two years at the Seoul Central District Court on October 27, 2005 and who was currently under suspension of execution, and who was sentenced to imprisonment with prison labor for 10 months or 2 years or less, and who was sentenced to imprisonment with prison labor for 20 years or more at the Seoul Central District Court on October 27, 2005 and who was sentenced to imprisonment with prison labor for 1 year or 6 months or 2 years, and who was sentenced to imprisonment with prison labor for 20 years or less at the Seoul Central District Court on November 4, 2005 and who was still under suspension of execution and who was so sentenced to imprisonment with prison labor for 20 years or less, and who was so sentenced to imprisonment with prison labor for 3 years or less, and who was so sentenced to imprisonment with prison labor for 3 years or less, the person responsible for the outside of the part of the execution of the so-called International Financial Institutions, and who was currently under suspension of execution of 10 years or more.

1. At around 16:30 on May 3, 2005, no fact was requested to remit money from the office of the said Nonghyup, the said non-indicted 3 acquired an amount of money equivalent to KRW 100 million by immediately entering a false information into the bank account (Account Number omitted) in the name of the National Agricultural Cooperative in the name of the general secretary general in charge of non-indicted 3, who used a computer terminal used in the said office of the said Nonghyup for the purpose of immediately depositing KRW 100 million into the said account by entering false information as if it were remitted to the bank account (Account Number omitted) in the name of the National Agricultural Cooperative in the name of the general secretary general in charge of non-indicted 3;

2. At around 19:00 on the same day, the Defendants were waiting for the aforementioned Agricultural Cooperative by operating the computer terminal used by Nonindicted 3 from around 19:48 to 20:29 on the same day, and Defendant 8 jointly intruded with the said Agricultural Cooperative by receiving contact from the said Nonindicted 3 and opening the back of the said Agricultural Cooperative, and, at around 19:30 on the same day, he was distributed KRW 100 million at one time to account transfer to KRW 90 million in order to avoid this fact. From around 19:48 to 20:29,000 on the same day, the Defendants deposited the said information in the name of the National Agricultural Cooperative (hereinafter referred to as the “Agricultural Cooperative”) with KRW 9.8 billion in total, with the account number of KRW 9.8 billion in total, and deposited the above information in the name of KRW 1.98 billion in the account of the National Agricultural Cooperative in the name of the National Agricultural Cooperative (hereinafter referred to as the “Seoul Agricultural Cooperative”).

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol of interrogation of Nonindicted 3 by the prosecution

1. Each police interrogation protocol against Defendants 3, 4, 5, 7, 6, and 8, and copies of each police interrogation protocol against co-defendant 1 and co-defendant 2

1. A copy of the statement made by the police against Nonindicted 27

1. A copy of a list of ordinary deposits transactions;

1. Each judgment;

1. Each criminal record;

Application of Statutes

1. Article applicable to criminal facts;

Article 347-2 of each Criminal Act, Article 2(2) and (1) of the Punishment of Violences, etc. Act, Articles 319(1) and 30 of the Criminal Act

1. Aggravation of repeated crimes (Defendant 7);

Article 35 of the Criminal Act

1. Handling concurrent crimes (defendants 3, 4, 5, and 7);

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code

1. Attraction in a workhouse (Defendant 8);

Articles 70 and 69(2) of the Criminal Act

1. Calculation of days of pre-trial detention (Defendant 6, Defendant 8);

Article 57 of the Criminal Act

1. Suspension of execution (defendants 3, 4, 5, and 6);

Article 62(1) of the Criminal Act

1. Probation (defendants 3, 4, and 5);

Article 62-2 of the Criminal Act

1. Order of community service (defendants 3, 4, 5, and 6);

Article 62-2 of the Criminal Act

Attorney Dok Charter

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