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(영문) 의정부지방법원 2016.09.28 2016노1444
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized paper (No. 1) shall be confiscated.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable. The sentence (one year and two months of imprisonment, confiscation) imposed by the court below is too unreasonable.

2. Paragraph 2-B of the facts charged in the case at the trial of the party, the prosecutor, prior to the judgment on the grounds for an ex officio appeal, shall examine the case, and the prosecutor, from the trial of the party to the case, 2-B of the facts charged in the case at 81

H. (2) The name of the crime concerning 4:50,000 won of the victim’s deposit amount from “thief” to “the fraud by using computers, etc.” in Article 329 of the Criminal Act to “Article 347-2 of the Criminal Act”, and in the facts charged, the Defendant, as a result of the following facts: (a) from the date of cash payment at the KEB Bank Co., Ltd. located in the same Dong on the same day at around 02:50,000 won of the victim’s deposit amount to five times in the said cash card.

“In light of the fact that KEB, at around 02:50 on the same day, the Defendant: (a) inserted the said cash card in the cash payment machine, which is an information processing unit, such as a computer, and entered a password without authority; and (b) released the total amount of KRW 4.58,000,000,000 for the victim’s deposits on five occasions.

"Application for Amendments to Bill of Indictment" was filed, and since this Court permitted it, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence admitted by the court as well as the facts constituting the crime No. 1 of the judgment of the court below

H. (2) The “thief” in subsection (2) is “the fraud by using computers, etc.”, and the Defendant, from the cash payment machine at KEB Bank Co., Ltd. located in the same Dong around 02:50 on the same day, withdrawn and stolen the total amount of KRW 4.58,000 from the said cash card to five times.

"..."

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