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(영문) 부산지방법원 2013.09.02 2013고정3284
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 3, 2013, the Defendant: (a) around 18:10 on April 3, 2013, the Defendant: (b) carried out a loan contract in the third floor of the 3rd floor of the building in the Busan Seo-dong, Busan, with a copy of the C&C card in which the victim B fells on the floor; and (c) carried out the loan contract.

Accordingly, the defendant stolen the victim's property.

2. On April 4, 2013, the Defendant violated the Specialized Credit Financial Business Act: (a) around 00:0, the Defendant paid KRW 250,000 to the card terminal at the above D points by using a copy of the Franchisc card of the Bank G, which was operated by himself, as described in paragraph (1), via a copy of the Franchisc card of the Bank B, as described in paragraph (1).

Accordingly, the Defendant used stolen physical cards.

3. The Defendant used computers, etc. at the time, place, as described in paragraph 2, settled KRW 250,00 on the card terminal two occasions at the aforementioned D points using a check card issued by the victim Korean bank, which was stolen, as described in paragraph 1, from the date, place, and place described in paragraph 2.

Accordingly, the defendant acquired economic benefits equivalent to 250,000 won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on approval for domestic trading;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (illegal Use of Debit Cards) and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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