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(영문) 광주지방법원 2021.02.18 2020고단5835
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six 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

1. From Jun. 15, 2020 to Jun. 15, 2020 to Jun. 23:00, the Defendant: (a) upon the Defendant’s request for calculation of the drinking value from C while drinking c and drinking c with the Defendant’s gyke house located in Gwangju Nam-gu; (b) upon the Defendant’s request for delivery of one copy of the physical check card connected to the D bank account (E) in that name; (c) around June 16, 2020 to Jun. 16, 200: (d) inserted the above physical card into the automatic cash payment machine managed by the victim G in Seo-gu, Seo-gu, Gwangju; and (e) then withdrawn KRW 1,00,000 from the above account; and (e) then, (e) then by the same method from time to May 29, 200:29 on the same day, the Defendant stolen the sum of KRW 5,000,000 by the same method.

2. On June 16, 2020, at the above location, the Defendant, including computers, inserted the above physical card and entered the password in the automatic cash payment machine managed by the Victim G at the above location, and then remitted KRW 2,000,000 from the above account to H’s I account (J) in the above location, and acquired pecuniary benefits by remitting the sum of KRW 14,000,000 in total by the same method seven times from that time to 00:37 of the same day as in the column of “crime List 2.”

Summary of Evidence

1. Statement by the defendant in court;

1. The police suspect examination record related to H;

1. Statement made by the police against C;

1. A detailed statement of submission and transfer by the complainant;

1. Application of Acts and subordinate statutes to report on investigation (verification of automatic payment period in cash);

1. Relevant legal provisions of the Criminal Act, the choice of punishment, and Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) offences 1 to 3 (the fraud of using computers and others);

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