Text
A defendant shall be punished by imprisonment for six months.
However, 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
On June 25, 2018, the Defendant discovered that the Defendant’s mother C was using a cell phone in the name of the victim D in the residence of the Defendant located in Mapo-si B, Si around June 25, 2018, and used it to use the victim’s deposit for gambling.
The Defendant downloaded “F” to the aforementioned mobile phone transfer application “F”, and used a copy of the victim’s identification card among the documents related to the opening of the cell phone in the victim’s name, and entered information, such as the account number (H), 50,000 won in the above bank account in the above name C at around 08:24 of the same day, and the “Defendant” stated in the victim’s indictment appears to be erroneous.
50,000 won was transferred to the account in the name of the bank account (Account Number I) of the E bank.
As a result, the Defendant acquired property benefits by inputting information without authority into a computer or any other information processing device and making it processed, etc., from around that time to July 10, 2018, by making data processed by inputting information without authority into a computer or any other information processing device at least 32 times in the same manner as the attached crime list, and thereby obtaining property benefits equivalent to KRW 22,378,328.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A complaint, a copy of a detailed statement of deposit transactions, and a copy of a F remittance result certificate;
1. Application of Acts and subordinate statutes on a copy of passbook;
1. Relevant Article of the Criminal Act and Article 347-2 of the Criminal Act (Overallly, Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentencing guidelines] - The basic area (six to one year and six months) of the first category of general fraud (less than KRW 100 million) / The defendant seems to have led to the confession and reflect of the crime.
There is no history of criminal punishment.
(b).