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(영문) 대구지방법원 2019.07.09 2018고단5319
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person operating a branch office and E branch office using “C”, a delivery agency program developed by the victim B.

On February 17, 2018, the Defendant had access to C Program using computers installed at the D branch office located in Daegu-gu, Daegu-gu, by using computers located therein, and had already retired delivery officers enter the delivery agency “One-time” (in advance requesting the president of the branch office to pay rental fee, etc. and deducting a certain amount from daily income) as if the Defendant applied for an input of KRW 10,000,000, the Defendant increased the balance of the H Bank I account, which is the virtual account, the H Bank’s branch office under the Defendant’s management, from February 16, 2018 to April 28, 2018.

Accordingly, the defendant acquired property benefits by inputting illegal orders into computers and other information processing devices.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J;

1. Application of Acts and subordinate statutes to a criminal investigation report (additional submitted data by a complainant);

1. Reasons for sentencing of imprisonment with prison labor, Articles 347-2 of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the reasons therefor;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for the following ten months, taking into account the records, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and various conditions of sentencing as shown in the argument of this case, the punishment shall be determined as ordered.

Unfavorable circumstances: The defendant acquired a large amount of financial gains by taking advantage of the program approval of the victim company.

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