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(영문) 수원지방법원 2017.03.16 2017고단304
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant worked as a temporary employee of the “D” company from August 25, 2016 to September 13, 2016, which was known to the victim C and approximately three years ago, and operated by the victim.

The Defendant was aware of the credit card password of the victim in the process of working in D and withdrawal of cash by the victim. While retired from D as above, he did not have a certain place of residence and did so with the victim’s permission, and did so without the victim’s permission. The Defendant discovered the credit card of the victim who was enrolled in the office, while lodging in the said D office with the victim’s permission.

The Defendant, at around 23:00 on September 28, 2016, at the D office of the victim’s operation in Yongsan-si, the Defendant: (a) laid off any eti bank’s credit card owned by the victim on his/her book; and (b) transferred KRW 600,000,000 to the Saemaul Bank account in the name of the Defendant, i.e., the Defendant: (c) opened the e-mail bank of the victim’s e-mail located on September 29, 2016 at the Gi-si-si (Ma-si); (b) opened the e-mail bank of the victim’s e-mail; and (c) entered the password known in advance; and (d) deposited the e-mail bank of the victim’s e-mail account in the name of the Defendant.

Accordingly, the defendant acquired economic benefits by stealing property owned by the victim and inputting information without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on occurrence of a disaster;

1. A detailed statement of victim C mobile phone SPs;

1. Investigation report-verification and investigation of CCTV images made at a post office of tolerance resin;

1. Photographss by capturing CCTV data from a post office in a flood area;

1. Application of statutes on certificates of details by account of member trading;

1. Relevant Article of the Criminal Act, Articles 347-2 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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