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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, 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
On April 7, 2016, the Defendant was sentenced to six months of imprisonment as a crime of fraud in the support of Suwon Fagwon, and the said judgment became final and conclusive on March 17, 2017.
While the Defendant hospitalized in the Silman Hospital, he thought that the Defendant left a room containing mobile phones and wallets to use the card loan by using the credit card of the above C.
On January 23, 2015, the Defendant obtained a loan of KRW 3 million and transferred KRW 62,80,000 to the new cooperative account in the name of the said C by obtaining a loan from the victim via the automatic response system (ARS) by telephoneing the card of the Gyeong-gun (E restaurant) and obtaining a loan from 3 million won and obtaining a loan by entering the resident registration number and password of the said C into the above C’s new cooperative account without legitimate authority, and transfer the loan to the above C’s new cooperative account by not later than eight times until February 24, 2015, as indicated in the list of crimes in the attached list of crimes.
Accordingly, the defendant acquired economic benefits equivalent to the same amount by inputting information into a computer or any other information processing device without authority.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. An investigation report (in the name of a complainant, a copy of the ledger of the receipt of the credit union account and the financial transaction information); an investigation report (in the name of a complainant, details of the receipt of the credit card in the name of the complainant, and accompanying relevant data on the card), and an investigation report (in the case of
1. The principal's financial transactions;
1. 판시 전과: 외국인 범죄 및 수사 경� 자료 조회, 과거 범죄 판결문 2부 법령의 적용
1. Article 347-2 of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;
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. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Scope of Recommendation] General Frauds No. 1 (less than KRW 100 million) in the mitigation area (one month to one year) [Specially mitigated Persons] In light of the circumstances leading up to the crime and the amount of damage, etc.