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(영문) 제주지방법원 2019.08.14 2019고단616
절도등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 15:55 on November 27, 2017, the Defendant used computers, etc.: (a) puts the passbook of the victim’s E bank that was kept in the process of assisting the Defendant to sell and sell the victim’s D truck at the CF branch located in Seopo-si B; (b) transferred KRW 6 million from the victim’s E account to the Defendant’s parent-friendly E bank account from the victim’s E account to February 9, 2018; and (c) transferred the sum of KRW 16 million in total five times from that time to February 9, 2018, as shown in the List of Crimes (1).

As a result, the defendant obtained financial benefits equivalent to 16 million won by inputting information without authority in a cash automatic payment machine, which is an information processing unit such as a computer, by allowing information processing.

2. A theft: (a) around January 12, 2018, the Defendant: (b) posted the passbook of a bank in the cash Automatic machine installed at C non-rolling district branch located at Seopoposi B; (c) released KRW 1 million in cash and stolen the password; and (d) withdrawn KRW 23,000,000 from that date until February 18, 2018; and (e) withdrawn KRW 20,80,000 in total on 23 occasions, such as the list of crimes, from that date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on details of deposits transactions;

1. Relevant Article 347-2 of the Criminal Act and Articles 347-2 of the Criminal Act (Fraud by Computer, etc. and Selection of Imprisonment) and Article 329 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the scope of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is reasonable and the nature of the crime is not good in light of the content of the crime and the method of the crime, the records and arguments of this case, including the fact that the defendant recognized his mistake and reflects it, the first offender, the agreement with the victim, the age, character and conduct, environment, means and consequence of the crime, and the circumstances after the crime.

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