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(영문) 대전지방법원 논산지원 2017.08.08 2017고단186

컴퓨터등사용사기등

Text

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

Of the facts charged in this case, the charge of violation of the Act on Credit Business is acquitted.

Reasons

Punishment of the crime

[criminal records] On November 13, 2015, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud, etc. in the Daejeon District Court’s support for the Daejeon District Court. On November 21, 2015, the judgment becomes final and conclusive on November 21, 2015.

[Criminal facts] The Defendant and the victim C are as between the E Hospital located in D at the time of debate on June 2016.

The victim was requested to terminate the insurance contract from Samsung Fire that was joined around September of the same year due to the lack of health for the victim, and the victim was issued his/her portable phone to the Financial Supervisory Service, etc.

1. On September 2016, the Defendant used computers, etc.: (a) obtained a victim’s portable phone call from the above E Hospital under the aforementioned title; (b) obtained information, such as one card of the victim, the card number of the Nonghyup card, and the CVC number, etc., posted to the said E Hospital; and (c) obtained a purchase or loan of cultural gift certificates worth KRW 19,676,640, total amount of KRW 94, as indicated in the list of crimes, from that time until December 26, 2016, by accessing the victim’s online shopping mall with the victim’s portable phone number, cV number, term of validity, etc., and entering the victim’s card number, cV number, and period of validity into the Internet shopping mall, and purchasing the gift certificates worth KRW 212,620,00.

In this respect, the defendant acquired economic benefits equivalent to 19,676,640 won by inputting information into a computer or any other information processing device without authority.

2. On November 16, 2016, the Defendant: (a) purchased Nowon-do at the 395 Maart mountain point at the center of Seosan-si, 395, and presented it as if he/she had a legitimate right to use the card to employees in the name of the victim; and (b) had an employee prepare and settle the sales transfer slip; and (c) was issued by the said employee the Nompt in an amount equivalent to 6.440,000 won at the market price.

Summary of Evidence

1. The defendant's person;