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(영문) 대구지방법원 2020.08.11 2020고단945

컴퓨터등사용사기등

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

Around June 2019, the Defendant got aware of the victim B, who is a first-class patient with brain disease, while working as a part of the accident, and the victim was unable to express his/her own intent by speech or behavior in a normal manner.

1. On October 5, 2019, the Defendant: (a) visited the victim in Daegu Northern-gu C at a hospital 302 in treatment of being hospitalized; (b) without the victim’s consent, brought about his Samsung Gallon (E) mobile phones; (c) without the victim’s consent, entered the aforementioned mobile phone information into a small sum of KRW 200,000 when purchasing cultural products from the said mobile phone; and (d) from that time to October 9, 2019, paid KRW 1,192,000 in total by the same method over 14 times, as shown in the separate list of crimes, from that time.

Accordingly, the defendant acquired property benefits by inputting information without authority into the data processor, such as computer, etc.

2. On October 23, 2019, the fraud Defendant made a false statement to the victim that “I want to open a mobile phone through a mobile phone,” even though the victim had opened a mobile phone in the name of the victim and immediately thought that I would use the mobile phone to use it for living expenses, etc., and did not have the intent or ability to open the mobile phone to the victim.”

The Defendant received a cell phone (E) from the victim's Samsung Gallon city, and then entered information on the cell phone in the instant mobile phone and made the victim certify himself/herself, opened one unit of the victim's name in the victim's name by allowing the victim to certify himself/herself, and then sold the said a mobile phone to the victim's name, having the Defendant delivered the said a mobile phone to the 1st floor of Daegu-gu G G, in which the Defendant resides.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 1,815,00.

Summary of Evidence

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