Defendant

Kim Young-young

Attorney Hong Jin-soo (Korean)

A defendant shall be punished by imprisonment for not less than one year and six months.

The 80 days of detention before this judgment is sentenced shall be included in the above sentence.

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

The defendant shall be subject to probation and shall be ordered to provide community service for 120 hours.

Of the facts charged in the instant case, not guilty of fraud by using computers, etc.

On February 14, 2002, the defendant had a record of being subject to a protective disposition for special larceny by the Juvenile Department of the Cheongju District Court, and there is no certain occupation;

1.Habitually:

A. At around 04:00 on January 1, 200, the victim Non-indicted 1’s “(mutually omitted) spawal spawal spawal spawal spawal spawal spawal spawal spawal” located in Chungcheongnam-si, Chungcheongnam-si, 200, in which the above victim’s surveillance was neglected, 40,000 cash owned by the above victim was stolen;

B. At around 04:00 on February 2 of the same year, the above victim’s cash 20,000 won owned by the above victim Nonindicted Party 1 was stolen in the above safe in the above manner in the foregoing manner; and

C. On May 18, 18, 21:00 of the same year, at the meeting operated by Nonindicted Party 2, the victim Nonindicted Party 2, located in the (trade name omitted) side of the original city, the telephone line was cut down at a level equivalent to KRW 290,000 of the market price of the public telephone machine, which includes a cash of KRW 5,000, installed at the wall surface of the entrance.

D. On December 12 of the same year, at around 22:00 on the date, the victim Nonindicted 3 was deprived of cash 100,000 won in the above victim’s possession of the above victim’s on the ground that the victim Nonindicted 3’s “(trade name omitted) crepit” used a gap in which the surveillance of the above victim was neglected to take advantage of the gap in the management of Nonindicted 3, the victim’s (trade name omitted).

E. At around 19:00 on the first day of the same month, the victim Non-Indicted 4 was suffering from the gap that the above victim was locked at his house at the time of Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si (Saeong-dong omitted) in the middle of the same month by taking out 16,000 won in cash owned by the above victim, and theft them;

F. At around 14:00 on the first day of June 2004, at around 14:00, the victim Nonindicted Party 5’s “(trade name omitted) amusement room” located in Chungcheong-si, in the “(trade name omitted) amusement room” for the management of the victim Nonindicted Party 5, who was located in Chungcheong-si, stolen the cash amounting to KRW 150,000,

G. On the 25th of the same month, at around 04:00, the victim non-indicted 6, who was gameed in the "(trade name omitted) cream room" located in Sung-si, Sung-dong (Sengdong omitted), was deprived of the cash amounting to 90,000 won in the above victim's possession within the wall, which was contained in the knives of the above victim, using the knives of knives.

2. At around 17:00 on June 7, 2004, the victim Nonindicted 7, who felled from the front road in the short-term city of nuclear power, was found to have been embling and embezzled on his own think, without following the prescribed necessary procedures, such as putting the victim Nonindicted 7 at approximately KRW 480,000 at the market price of 1 mobile phone mobile phone, and returning it to the above victim.

1. Legal tender of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement of Nonindicted 7, Nonindicted 8, Nonindicted 1, and Nonindicted 5

1. A written statement of Nonindicted 3, Nonindicted 4, and Nonindicted 6

1. Records of seizure, list of seizure and articles of evidence of the police;

1. Habituality: The recognition of habitive walls in light of the records of the crime in the holding and the records that criminal acts of the same kind are repeated in a short period;

In full view of the evidence duly examined, the facts in the judgment are proven.

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 329 and 360 (1) of the Criminal Act;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Calculation of days pending trial: Article 57 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and community service: Article 62-2 (1) of the Criminal Act;

The summary of the facts charged as to fraud by using computers, etc. among the facts charged in the instant case is as follows: (a) around 10:00 on the last day of February 2003, the Defendant obtained a cash card from the victim non-indicted 9, who opened a game in the YAF 598-2 located in the YAF at the YAF 598-2 located in the YA, and (b) the Defendant obtained a cash card from the victim non-indicted 9, who opened the game in the 30,000 won in the YF 20,000, with the request to withdraw the 20,000 won from the YF 30,000 won in the YF 30,000 won in the 20,000 won.

On the other hand, the Korean Criminal Act explicitly specifies the object of the crime of property or property interest as the crime of use of computer, and Article 347-2 of the Criminal Act provides that the object of the crime of use of computer shall be limited to property interest, not property. Thus, as long as the act of withdrawing cash from an automatic cash payment machine with another person's credit card is clear that it is a crime of use of computer, etc., it shall not be punished as fraud of use of computer, etc.

Therefore, the above facts charged constitute a crime not guilty under the former part of Article 325 of the Criminal Procedure Act.

Judges Cho Jong-hee