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(영문) 서울북부지방법원 2012.07.19 2010고단3397
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the friendship of the victim C(M, 43 years of age) as the pastor of the D New School located in Nam-si, Namyang-si.

"2010 Highest 3397"

1. On October 29, 2008, the Defendant was detained by the victim C due to the crime of murdering the existence of a computer, etc., the Defendant received the passbook, seal, identification card, E-insurance card, etc. from the victim and kept it. On January 7, 2009, the Defendant received a request from the victim for the statement that the Defendant would not cancel the E-insurance contract subscribed by the victim under the name of the victim.

Nevertheless, in order to pay the down payment of the down payment of KRW 30,000,000 for the 4th floor building located in G in the name of the F pastor, the Defendant, around November 13, 2008, entered the victim’s e-insurance card into the cash automatic withdrawal (ATM) installed at the agency located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and then withdrawn the loan of KRW 2,00,000,000 immediately after filing an application for the terms and conditions.

In addition, from that time until April 16, 2009, the Defendant withdrawn total of KRW 26,872,799 in 12 times as shown in the annexed Table 1 by the above method, as shown in the annexed Table 1.

Therefore, the defendant acquired financial benefits equivalent to 26,872,79 won by inputting an improper order into the data processing device, such as computer, etc.

2. On January 28, 2009, the Defendant: (a) prepared a written claim for the cancellation refund for L Insurance in the name of the victim in Gangnam-gu Seoul, Gangnam-gu, Seoul, as if the Defendant was a victim C; and (b) filed an application for an insurance termination with the employee M; and (c) subsequently, acquired KRW 2,229,613 of the cancellation refund money from the said M to the new bank account in the name of the victim.

3. On November 10, 2008, the Defendant: (a) purchased the above HG building at the office of the HGD located in G at the time of the Government-Si Council around November 10, 2008 with the purchase price of KRW 1,650,000; (b) succeeded to KRW 1,100,000,000 for financial rights obligations; and (c) succeeds to the down payment.

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