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(영문) 수원지방법원 안산지원 2017.02.07 2016고단1192 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 20, 2015, the Defendant and C showed drinking together with the Victim F, who is a terroin, around 11:00, Ansan-si member D and 5 stories "Eel" 202.

At that time, there is no money for the defendant to pay a monthly deposit.

“Defects” and the victim stated that “500,000 won was deducted and used.” as the Defendant’s cash card.

Accordingly, the defendant and C have come out of the above cash card.

On April 20, 2015, around 11:28, the Defendant and C together with a branch office of the National Bank Line of the Korean National Bank Co., Ltd., which is located one thousand and seventy-eight square of the members of Ansan-si, the Defendant permitted the Defendant to withdraw and use KRW 500,000,000 from the injured party, and the Defendant provided a victim’s cash card. The Defendant issued the victim’s cash card to C, “one million,” and C, despite being aware that the victim allowed to withdraw and use KRW 500,000,000,000,000, and then withdrawn the amount without authority.

On April 20, 2015, the Defendant continued to enter the victim’s cash card into the cash withdrawal machine, and then withdrawn the amount at KRW 810,000,000,000,000,000,000,000,000,000,000 won.

As a result, the defendant and C acquired financial benefits equivalent to KRW 1,310,000 by making data processed by entering information without authority into computer or other information processing device.

Summary of Evidence

1. Each legal statement between the defendant and C;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions for criminal facts, Articles 347-2 and 30 of the Criminal Act for the choice of punishment (the fraud by means of computers, etc.), the fact that the defendant's reason for sentencing of punishment of imprisonment is acknowledged as late as possible, there is no record of punishment for the same crime, and the victim has no record of being punished for the same crime.

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