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(영문) 인천지방법원 2012.11.23 2012노2883

컴퓨터등사용사기등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendants, the lower court’s punishment against the Defendants (one year and six months of imprisonment) is too unreasonable.

B. The court below erred by misapprehending the facts or by misapprehending the legal principles that found the Defendants not guilty of this part of the facts charged on the ground that the above act does not constitute an act of acquiring the ownership or right to dispose of the above act, although the Defendants acquired cash cards and passwords from the collection book of the passbook in the name of the public prosecutor (not guilty part).

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of this part of the facts charged is as follows: (a) around March 8, 2012, Defendant A received the cash cards, passwords, etc. in the name-based “defacing passbook” from Defendant A’s “defacing passbook” from Defendant A’s “defacing passbook” in the name of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, according to the public offering; and (b) from that time until May 25, 2012, the Defendants received 15 cash cards, passwords, etc., as indicated in attached Table 1, from that time by May 25, 2012. Accordingly, the Defendants acquired the means of access in collusion with the “defacing” book, the “defacing passbook” book, the “defacing” book, and the “defacing” electronic financial transactions. (b) No person may transfer or acquire the means of access in electronic financial transactions.

Nevertheless, on February 2012, the Defendants conspired to receive the means of access, such as O and S’s account P, T copy of the passbook, cash card, and password, from the solicitation book on the name of the passbook on the second day on February 2012, the Defendants received the means of access from Kwikset through Kwikset service.

B. Determination 1.