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(영문) 의정부지방법원 2019.01.18 2018고단4253

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around May 29, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Information and Communications Network Utilization and Information Protection Act, etc.) committed an intrusion on the victim’s account by using a prior knowledge of the confidential key of the location D’s 28.920,00 won at one’s home located in the Guri-si building B and C, and of the personal key of the location D’s 28.920,00 won.

Accordingly, the Defendant infringed on the information and communication network without legitimate access authority.

2. The Defendant obtained pecuniary benefits equivalent to KRW 28920,000 by using computers, etc., using a prior knowledge of the confidential key of the e-mail address in which a virtual currency 28920,000,000 won was kept by the victim’s D at the time and place specified in paragraph (1) by entering the victim’s secret key information into the victim’s e-mail address via the Internet as described in paragraph (1) and by transferring the victim’s secret key information to the victim’s e-mail address.

Accordingly, the defendant acquired property benefits by inputting the victim's confidential key information into the computer and other information processing device.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing written confirmation of details of business transactions by victims;

1. Relevant legal provisions concerning criminal facts, subparagraph 9 of Article 71, Article 48 (1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 347-2 of the Criminal Act and the choice of imprisonment with prison labor for each type of crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;