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(영문) 부산지방법원 동부지원 2018.01.10 2017고정1080
컴퓨터등사용사기
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On July 8, 2017, the Defendant, at around 23:00, was named “C” as “C” main point located in Nam-gu Busan Metropolitan City B, and was asked to withdraw 4.50,000 won in cash from the victim D, who is a customer, in the name of the customer, and received a corporate bank check in the name of the victim.

At the time, the Defendant had a debt equivalent to seven million won, and thus, was able to pay that debt, as seen above, to transfer money from the account in the name of the victim to the account in the name of the Defendant by using the check card in the name of the victim.

On July 9, 2017, around 02:06, the Defendant: (a) put the victim’s check in cash at the branch of an enterprise bank 1116, located in Busan Metropolitan City, with the center of the year-gu, Busan, and obtained the password known by the victim; and (b) transferred KRW 4.5 million from the corporate bank account in the name of the victim to the Saemaul Treasury account in the name of the Defendant.

Accordingly, the defendant acquired property benefits equivalent to 4.5 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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