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(영문) 수원지방법원 2018.01.31 2017고단6973
컴퓨터등사용사기등
Text

The prosecution of this case is dismissed.

Reasons

1. On February 21, 2017, the Defendant: (a) was dead on February 21, 2017, and the heir, including, but not limited to, C’s daughters, will acquire the deposit of C; and (b) was taken out from the wall, which is a pro rata C.

he was in possession of

Using C’s post office check cards (D) in the name of post office E, etc., in order to bring the gap of E, etc. in the funeral ceremony of C, by withdrawing other C’s deposits.

A. From February 22, 2017 to February 14, 2017, the Defendant withdrawn KRW 11,100,000 in total over 15 times, as indicated in the list of crimes in annexed Table 1, from the time of cash withdrawal, containing the above physical card in a cash withdrawal machine managed by the 11th victim Suwon Livestock Co., Ltd. by the said branch and withdrawing KRW 700,000,000 in cash.

B. On February 23, 2017, around 15:09, the Defendant used computers, etc.: (a) entered the above physical card in the automatic withdrawal machine from the three dong post offices from the south-ro of Busan Metropolitan City, 211 to the automatic withdrawal machine without authority; (b) entered the secret number “transfer number” in the name of husband G, which the Defendant manages, into the post office account number in the name of husband G; and (c) remitted KRW 6,00,000,000 to G account from that time to February 15:13, 2017, including the transfer of KRW 30,000,000,000 in total five times, as indicated in the list of crimes 2 attached hereto.

As a result, the Defendant acquired financial benefits equivalent to KRW 30,000,000 by inputting information without authority in the automatic withdrawal machine, which is the data processing unit, such as a computer, and making the data processing on account transfer.

2. In light of the judgment, theft is a crime falling under Article 329 of the Criminal Act, and Articles 344 and 328(2) of the Criminal Act is a crime falling under Article 329 of the Criminal Act, and the fraud by using computers, etc. is a crime falling under Article 347-2 of the Criminal Act, and if the victim has a relationship by blood between the victim and the offender pursuant to Articles 354 and 328(2) of the Criminal Act, the victim’s complaint may be punished.

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