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(영문) 청주지방법원 2016.12.22 2016고단1353
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From November 201, the Defendant: (a) from around 201 to around 1, 201, the Defendant, at the Defendant’s house located in the Cheongju-si, was living together with the victim E, and kept a post office deposit passbook owned by the victim; (b) had the victim’s intent to withdraw money for the purpose of repaying the Defendant’s card loans from the Defendant’s deposit account located in the victim’s bank account in the victim’s future; and (c) had at his/her own discretion one of the above post office deposit passbooks located on his/her computer for the withdrawal of deposits; and (d) embezzled the victim’s property at his/her own discretion.

2. Larceny;

A. On February 2, 2014, the Defendant collected a post office deposit passbook in the name of E, which was embezzled, such as Paragraph 1, from an automatic cash payment machine managed by the Plaintiff NHFC established at Cheongju-si, the Defendant released KRW 1,00,00,000 in cash by inserting “F” and “F” in the amount of the withdrawal amount. (b) On February 2, 2014, the Defendant stolen the victim’s property at the same place, around 08:26, and around 08:26, at the same time, deposited postal savings accounts in the name of E, such as paragraph 1, “1,00,000,000,000” and “F”. The Defendant withdrawn the Defendant’s property.

Accordingly, the defendant stolen the victim's property.

3. Fraud by using computers, etc.;

A. On February 2, 2014, the Defendant: (a) around 08:24, at the time of Cheongju-si, entered 699, a post office deposit passbook in the name of the victim embezzled, such as the statement in paragraph (1), in the cash automatic machine installed therein; (b) obtained the “F” in advance; and (c) transferred KRW 6,00,000 from the victim’s post office deposit account to the Defendant’s agricultural bank account in the Defendant’s agricultural bank account.

Accordingly, the defendant does not have authority to a computer or any other information processing device.

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