(영문) 춘천지방법원 영월지원 2017.08.22 2017고단240

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 영월지원 2017.08.22 2017고단240

컴퓨터등사용사기

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 15, 2017, the Defendant: (a) had been delegated by the victim D to withdraw KRW 5 million with the post office card of the victim D by means of the victim’s post office; (b) had the victim’s withdrawal of KRW 5 million in excess of the amount delegated by the Defendant’s withdrawal; (c) had the victim’s post office printed a cash withdrawal card installed at the post office located at the 132, 06:34, 06:34 on the same day, and transferred KRW 30 million from the bank account of the victim’s Nonghyup Bank to the Defendant’s Nonghyup Bank account.

Accordingly, the defendant acquired economic benefits of 25 million won exceeding the delegation scope by inputting information into information processing devices, such as computers, without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Details of transactions submitted by the victim and the application of the statutes governing the copies of bankbooks submitted by the victim;

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant recognized the crime of this case and reflects the fact that he/she borrowed money from the victim to the crime of this case; circumstances such as the defendant's input of information without authority into the data processing device, such as computer, and transfer the information to the account in the name of the defendant to the account in the name of the defendant; the crime of this case is disadvantageous to the fact that the nature of the crime of this case is not easy; other factors such as the circumstances of the crime of this case, the defendant's age, sexual behavior, environment, etc., and the various factors of sentencing as shown in the records

참조조문

-형법 제62조 제1항

-형법 제347조의2

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