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(영문) 부산지방법원동부지원 2020.12.17 2020고정547
컴퓨터등사용사기등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 12, 2020, the Defendant, on May 17:11, 2020, acquired one copy of the FF Bank CB card (G) owned by the victim E at the store located in Suwon-gu, Busan, on the cash automatic payment machine installed D at the store.

The Defendant, without taking necessary procedures such as returning the goods acquired as above to the victim, embezzled the goods that have taken possession of the victim by putting himself/herself in mind that he/she had, and subsequently, embezzled.

2. Around May 12, 2020, the Defendant violated the Specialized Credit Financial Business Act: (a) around 20:18 on May 12, 2020, 16: (b) around 10:0, the Defendant provided a gasoline equivalent to 16,000 won for the Defendant’s use of computers, etc.; (c) around 20:18, FF Bank CY, as described in paragraph (1), without any authority, was placed in the card inputs of the said alcoholic beverage; and (d) was processed by settling the accounts.

Accordingly, the defendant acquired property benefits by inputting information without authority into a computer or any other information processing device, and used the lost person's check card.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to voluntary reports on the draft of D;

1. Relevant legal provisions concerning facts constituting an offense, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen objects), Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of fraud by use of computer), and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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