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(영문) 부산지방법원 2019.07.10 2019고단1484

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on January 19, 2019, the Defendant acquired one 10,000 won in cash from the victim D, and one 200,000 won in the Seoul Gameland located in Busanjin-gu, Busan, and one cream card.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On January 20, 2019, the Defendant attempted to pay 20,000 won of the PC use fee to a unmanned settlement machine managed by the victims of the loss of the PC in the name of D, as stated in paragraph (1), from the FPC located in Busan Jin-gu, Busan, as if he had a legitimate right to use the PC, but the above PC card was not settled on the wind on which a report on the loss of the PC was filed.

Accordingly, the defendant tried to acquire property benefits by inputting information without authority into a computer or any other information processing device, and making it processed, but failed to do so.

3. On January 25, 2019, at around 21:12, 2019, the Defendant: (a) discovered that one copy of the corporate bank fitness card, owned by the victim I, was inserted in the unmanned bank located in the HPC bank located in Busan Jin-gu, Busan; and (b) stolen with one copy of the corporate bank fitness card, owned by the victim, using any gaps in which the management of the braille sources was neglected.

4. On January 25, 2019, the Defendant paid 5,000 won of the PC use fee to an unmanned settlement machine, which is managed by the victim’s name in his/her place, as stated in paragraph (3), as if he/she took a stolen corporate bank card from JPC bank located in Busan JPC G, Busan, and had a legitimate right to use the card from JPC bank located in Busan, and as such, there was a legitimate right to use the card.

Accordingly, the defendant acquires property benefits by inputting information without authority into a computer or any other information processing device, and is stolen.