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(영문) 서울북부지방법원 2019.08.14 2019고단1356
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 4, 2019, at around 20:28, the Defendant: (a) entered the card in a cash automatic machine at which it was located and entered the card password and then withdrawn KRW 1,00,000 in cash owned by the manager of the said cash automatic machine; and (b) withdrawn the total amount of KRW 8,150,000,000 owned by the victims for nine times in total, as shown in the list of crimes committed in the attached Table, by withdrawing KRW 8,150,000,000, in total, as shown in the list of crimes.

2. On February 6, 2019, at around 19:22, the Defendant transferred KRW 56,00,000 from the victim E’s account to F’s name G association account, by inserting the said D’s E bank card at the head office of Jung-gu Seoul Metropolitan Government, the Defendant: (a) entering the card in the cash automatic machine; (b) transferring KRW 56,000 from the victim E’s D name to the F name G association account; and (c) transferring KRW 1,50,000 in the same manner at the same place on March 1, 2019.

As a result, the defendant, by inputting information without authority into a computer or any other information processing device, obtained financial benefits equivalent to 2,066,000 won from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the details of transactions, CCTV data-related Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act cannot be said to be less than the amount of damage, agreed with the victim, the defendant has no record of punishment after naturalization as a citizen of the Republic of Korea, and the defendant's age, environment, method of crime and result.

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