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(영문) 대구지방법원 2019.09.26 2019노1637

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The defendant asserts that the sentencing of the court below (six months of imprisonment) is too uncomfortable, and the prosecutor is too unfortunate and unfair.

2. An ex officio determination prosecutor: (a) stated the facts constituting a crime under paragraph (2) of this Article in the judgment of the court at the trial; (b) applied the applicable provisions of the Act to “Fraud by using computers, etc. and Resident Registration Act”; (c) stated the facts charged as “Article 347-2 of the Criminal Act and Article 37 subparag. 10 of the Resident Registration Act”; (d) stated that the Defendant was willing to obtain a loan in his/her name without permission using the K’s identification number and resident registration number, which is living in the J apartment at Yongsan-gu Seoul, by using the cell phone in the same day, from the victim I operated by the victim I to the K bank account under the name of the victim I; and (b) obtained a password of KRW 2,00,000 from the K to the above account under the name of the head of the Tong 4,000,000,000 from March 4, 2016 to obtain an official identification number of KRW 1,50,000 from the defendant.

The defendant has access to the gap in M on the same day to the O lending site using another mobile phone in the name of another M, and without authority M's resident registration number, passbook number, and password of passbook.