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(영문) 울산지방법원 2019.09.24 2019고정500
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 11, 2019, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Ulsan District Court on eight months, and the said judgment became final and conclusive on April 12, 2019.

【Criminal Facts】

1. On November 5, 2018, the Defendant: (a) around 08:01 on November 5, 201, in Ulsan-gun B, Ulsan-gun; (b) obtained pecuniary benefits equivalent to KRW 3 million by inserting a personal identification card of the Defendant, who was a person living together with the Defendant, the Defendant, at the time of cash withdrawal managed by the Victim C; (c) transferring the deposit amount of KRW 3 million to the said bank account (E) in the name of the Defendant’s father, to the F G bank account (H); and (d) making the Defendant enter information into the information processing device, such as computer, without authority, and making the information processed.

2. On November 28, 2018, the Defendant committed the crime of November 28, 2018, at the places indicated in Article 09:36(1) of the Act, and at the cash withdrawal place managed by the victim C, the Defendant, a person living together with D, who was living together with the Defendant, was put in a bank body card of D, and obtained a password known to him/her, and then transferred the deposit amount of KRW 3 million deposited in the bank account under the above D’s name (E) to the Defendant’s punishment account (J). The Defendant acquired financial benefits of KRW 3 million by entering information without authority into the information processing system, such as computer, and making the information processed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Attachment of a detailed statement of deposit transactions by a complainant), investigation report (receiving a letter of withdrawal of a complaint and specification of C card);

1. Previous records of judgment: Criminal records, probationary records, previous records of disposition, results of confirmation, investigation reports (verification of cases during trial), and application of statutes on judgment;

1. Relevant Article 347-2 of the Criminal Act and the choice of a fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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