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(영문) 인천지방법원 2020.01.31 2019고정2476

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On May 30, 2019, the Defendant was sentenced to a suspended sentence of two years, etc. at the Seoul Southern District Court, which was sentenced to a suspended sentence of two years for fraud, etc. on June 8, 2019, and the judgment became final and conclusive on August 29, 2019, which was sentenced to a suspended sentence of two years for ten months for punishment for fraud, etc. at the Incheon District Court, which became final and conclusive on September 6, 2019.

【Criminal Facts】

1. On February 12, 2019, the Defendant said that it is necessary to assist the victim C in raising his/her business performance by drinking the victim C or raising his/her business performance, and solicited the victim to establish and join a DNA bank display system in the victim’s mobile phone, and had the victim implement three million won of the victim’s secret loan at a DNA bank, and finally transfer the amount of three million won of the loan to the F bank account in the name of the Defendant.

2. On March 29, 2019, the Defendant intended to resolve the loan of a bank prior to the date, and opened an account by installing a H bank display system in the victim’s mobile phone using the same method as that of the above criminal facts as that of paragraph (1) of the same Article, had the victim implement the loan of KRW 3 million, and then input the victim’s password into the victim’s bank account (I) and received the said KRW 2 million transfer to the Defendant’s corporate bank account (I), and acquired the said KRW 1 million by means of filling up the members of H bank with one million points.

In this way, the defendant acquired economic benefits by inputting information without authority into the data processing device, such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint (including details of each transaction attached thereto);

1. Previous convictions in judgment: Each Supreme Court case, each investigation report, and application of Acts and subordinate statutes (No. 16 No. 16);

1. Relevant Article of the Criminal Act and Article 347-2 of the Criminal Act (Overallity of fines and Selection of Fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.