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(영문) 광주지방법원 목포지원 2019.04.30 2018고단613
컴퓨터등사용사기등
Text

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

Reasons

Punishment of the crime

The defendant, who is in a personal relationship with the victim B, has frequently entered the house of the victim in Pyeongtaek-nam Navy C, and used to know the password of the opening and withdrawing of the account in the name of the victim, in order to collect money in the above account or transfer money to the account under the name of the defendant.

1. A theft: (a) around October 8, 2017, the Defendant: (b) entered the said victim’s home room at the boiler’s home; (c) went to and stolen the victim’s passbook (Account Number E) with the victim’s passbook located in the boiler position box; (d) transferred from around 11:22 on the same day to the D Association 365 automation number; (b) removed the victim’s passbook from the said bank in the cash automatic machine in the said place; and (c) withdrawn KRW 700,000 from around that time to October 31, 2017, 200 won in cash by entering the victim’s passbook, which was known in advance, in total, five times in total, as indicated in the list of crimes, and then withdrawing KRW 2,40,000 in cash by the said method.

2. On October 15, 2017, the Defendant: (a) entered the said victim’s house room, and went to and stolen the said victim’s passbook in the name of the victim located in the boiler position box; (b) moved to the DDR 365 automated machine in the Namnam-gun, Namnam-gun; and (c) opened the victim’s passbook in the cash automatic machine in which the victim was exposed without authority to collect the passbook, and then transferred KRW 3.2 million to the G bank account (H) in the name of the Defendant.

Accordingly, the defendant acquired property benefits by inputting information without authority in an automatic cash payment machine.

Summary of Evidence

1. Defendant's legal statement on the fifth trial date;

1. Any statement made in compliance with the protocol of examination of the witness in relation to B of this Court;

1. The prosecutor's statement concerning B;

1. A complaint, or a copy of a bankbook;

1. Investigation reports (to be accompanied by a complaint), submission of a detailed statement of deposit transactions, relevant photographs, A.

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