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(영문) 인천지방법원 2016.06.10 2016고정628
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as the head of the “F Foundation” of the E church affiliated with the Nam-gu Incheon Nam-gu, Incheon, entrusted the management of H child care centers located in the Nam-gu, Incheon, with the need for personal money around August 2015, sentenced the Defendant to arbitrarily withdraw money from the said child care center account.

On August 14, 2015, at around 17:00, the Defendant used a computer and connected the Internet banking site of our bank, and transferred KRW 33,826,330 from the above account to the Korean bank account (K) of the name of the Defendant using a password and an official certificate of the name of the above child care center, and a security card number.

As a result, the defendant acquired property benefits by making data processed by inputting or changing information without authority in a computer or any other information processing device.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of intelligence and overlapping Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 347-2 of the Criminal Act selecting a sentence, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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