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(영문) 수원지방법원 2017.11.09 2017고단6061
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 September 22, 2016, the Defendant moved KRW 18,000,000 to the account of KRW 7 to 8,000 in the name of the victim, such as F, etc., in the name of the victim in the name of the victim, among the victims, who were living together with the victim D, and living with the victim D at around 06:30, 102 Dong Officetel 901, 201, the Defendant transferred KRW 102,00,000 to the account of 7 to 7 to 8,00,000 in cash card in the name of the victim.

However, the defendant had an opportunity to do so, containing the said cash card in the automatic withdrawal machine installed at the above point, and had the account number known to the defendant without authority.

G Account number and the Defendant’s private village H’s account number, and a total of KRW 12,00,000,000, total of KRW 6,000,000, were transferred to each of the above accounts, and a total of KRW 6,000,000 without authority, was withdrawn from the cash withdrawal amount of KRW 6,00,000 and escape.

As a result, the Defendant obtained a total of KRW 18,00,000 by inputting information without authority in the automatic withdrawal machine, which is an information processing unit, such as a computer, and allowing the information processing unit to process data on cash withdrawal and account transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on occurrence of a disaster;

1. Each investigation report (the counter investigation of H and the counter investigation of “G”)

1. Statement of transactions by account;

1. Photographs (the text written on the cell phone of the victim at the time of cash withdrawal or transfer);

1. Photographs (personal information transferred to another person's account);

1. Application of Acts and subordinate statutes to data (personal information onG financial information);

1. Relevant Article 347-2 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing) [the scope of recommendation] under Article 62(1) of the Act on the Suspension of Execution (the circumstances favorable to the defendant among the reasons for sentencing] (the scope of recommendation] under Article 1 of the Act on the Suspension of Execution (10 million won or less).

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