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(영문) 서울동부지방법원 2018.03.30 2017고단4045

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be liable to the applicant C for the damage KRW 550,00,000, and the applicant D.

Reasons

On February 18, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act, etc. by the Changwon District Court, and completed the execution of the sentence on May 2, 2014. On December 21, 2017, the Daejeon District Court sentenced the Defendant to one year of imprisonment with prison labor for a crime of fraud, such as computer, etc., and the said judgment became final and conclusive on December 29, 2017.

Criminal facts

[2017 Highest 4045]

1. Computer and other fraudulent means;

A. On September 4, 2017, the Defendant, at around 17:57, obtained the pecuniary benefits equivalent to KRW 49,900 by transmitting the fin number of the settled merchandise coupon to the Defendant’s mobile phone number to the Defendant’s mobile phone, by entering information, such as the date of birth, etc. of the victim, in purchasing KRW 50,000 mobile merchandise coupons connected to other victim’s mobile phone, and by entering information, such as the victim’s date of birth, into the victim’s mobile merchandise coupon, and then paying KRW 49,90,00 for the aforementioned merchandise coupon to pay the victim’s mobile phone amount without authority.

In addition, from that time until September 15, 2017, the Defendant: (a) entered the victim’s information into the data processing device, such as computers, 22 times in total, as shown in the attached Table 1 list of crimes; (b) purchased paid content equivalent to KRW 1,193,400, and acquired pecuniary benefits equivalent to that amount.

B. On September 12, 2017, around 04:08, the Defendant entered the victim’s information without authority, and paid the victim’s mobile phone capital payment via the victim’s mobile phone small payment. On September 12, 2017, the Defendant: (a) accessed the victim’s instant apartment as indicated in the instant paragraph (a); (b) accessed the victim’s cell phone with “net Game Business”; and (c) purchased the net Marbl (game money) with the victim’s cell phone; and (d) entered the victim’s information without authority; and (e) paid the victim’s information.

In addition, from that time until 04:55 on the same day, the Defendant entered the victim's information without authority in the data processing device, such as computers, at a total of six times as shown in the table 2 of the crimes committed in the attached Table.