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(영문) 부산지방법원 동부지원 2018.08.22 2018고단1394
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2017, the Defendant came to know the password and the password of the bank account in the process of registering the victim E’s official certificate in lieu of the victim’s official certificate on the computers of the victim E, the head of the above hospital, from around Busan-gun, which was a water treatment hospital in Busan-gun. On May 2017, the Defendant registered the official certificate on the cell phone newly purchased by the victim at the victim’s request, and copied the same official certificate on the computer of the head of the above hospital, thereby enabling the Internet banking to be used through the aforementioned computer.

At around 12:41 on July 2, 2018, the Defendant: (a) accessed the Internet banking system of one bank through the computer installed therein; (b) opened a personal identification number of the victim, which was known in advance to the account of the victim; (c) opened the account of the victim; and (d) transferred KRW 100 million from the account of one bank in the name of the victim to the Agricultural Cooperative (Account Number G) account in the name of the Defendant; and (d) KRW 12:45 on the same day, from the said account in the name of the victim to the national bank account in the name of the Defendant, KRW 200 million.

Accordingly, the defendant acquired property benefits equivalent to KRW 200 million 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 of the E police statement;

1. Details of withdrawals from a national bank, details of withdrawals from a national bank, and details of withdrawals;

1. Employment contract, documents prepared by the defendant;

1. Application of Acts and subordinate statutes to a criminal investigation report (with respect to the account password);

1. The punishment provided for in Article 347-2 of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor and the applicable law and punishment for the crime;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Fraud (at least KRW 100 million, but less than KRW 500 million). In the mitigated area (from October to February 6), the mitigated area (at least KRW 100,000, KRW 500) (the person who has been specially mitigated) is not subject to punishment or has been restored to a considerable part of

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