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(영문) 의정부지방법원 2016.03.30 2015고단4806
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2013, the Defendant opened a private term deposit account with a maturity of one year and a fixed amount of 50 million won for the employees of the Bank at the 8 new government branch at the time of the Government on December 26, 2013. From February 3, 2014, the Defendant: (a) opened and traded a private term deposit account with a lending limit of 475 million won as collateral for a term deposit from around February 3, 2014; (b) on January 5, 2015, the Defendant repaid the loan with the principal amount of KRW 50 million and interest of KRW 50 million from the said branch as a loan account.

Therefore, the Defendant was unable to withdraw the loan from the loan account due to the termination of the above loan loan agreement, but C, an employee of the new bank, did not take the procedure of suspending payment of the loan due to business error.

On January 5, 2015, when the Defendant became aware of the fact that the Defendant had not yet been able to take measures to suspend payment of marina loan in the above loan account remaining in 2,875,956, at a place where it is difficult to know the location of around 17:59, the Defendant entered information of KRW 5 million from the victim’s celling bank account in the name of the Defendant and transferred KRW 2,124,044 by transferring the loan to the Agricultural Cooperative account in the name of the Defendant, even though there was no legitimate authority to transfer the loan other than the balance.

In addition, from January 14, 2015 to January 11:34, 2015, the Defendant transferred a total of KRW 47,124,04,04 to the Agricultural Cooperative Account in the name of the Defendant, as shown in the list of offenses.

As a result, the defendant, without authority, entered information into a computer or any other information processing device and made it processed, thereby acquiring property benefits of 47,124,044 won in total.

Summary of Evidence

1. Defendant’s legal statement

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading;

1. Relevant legal provisions and Article 347-2 of the Criminal Act with respect to the facts of the crime.

1. The reason for sentencing of Article 62(1) of the Criminal Code (the following favorable circumstances) is as follows.

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