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Reasons
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(영문) 제주지방법원 2019.01.28 2018고정45
컴퓨터등사용사기
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 2, 2017, the Defendant applied for KRW 700,000,000 for cash services by accessing the victim’s authorized certificate from the victim’s Internet banking website without the consent of the victim, using the Plaintiff’s authorized certificate, which was working at the shop and was located in the non-commercial area on March 2, 2017. After receiving such certificate from the victim’s bank account (D), the Defendant transferred the said amount to the Cbank account (E) in the name of the Defendant around 00:33.

2. On March 3, 2017, the Defendant applied for cash services by accessing the authorized certificate in the name of the victim on the F Bank Internet banking website without obtaining consent from the victim, as described in paragraph (1), from an unspecified land on March 19:25, 2017. After receiving such deposit from the C Bank account in the name of the victim, the Defendant transferred KRW 285,000 to the G Bank account for the purpose of repaying the Defendant’s loan interest, and then transferred KRW 20,000 to the C Bank account in the name of the Defendant at around 13:52 on the following day.

Accordingly, the defendant acquired financial benefits of 1,005,000 won in total by inputting information into a computer and other information processing device without authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Article 347-2 of the Criminal Act concerning the relevant criminal facts;

1. Selection of a selective fine for punishment (recognition of guilt by the victim's legal statement; no reason exists to adjust the amount of fine for summary order);

1. Articles 70 (1) 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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