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(영문) 인천지방법원 2019.08.30 2019고정1426

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

The defendant and B conspired to conduct small-sum settlement without permission by lending the victim C's mobile phone and identification card from high school.

Around 04:42 on April 8, 2018, the Defendant and B transferred a mobile phone (F) and identification card to B before the Defendant leased the victim’s mobile phone (F) and identification card. B, after accessing G by using the aforementioned mobile phone and identification card, entered the settlement information without authority, and made a small payment by purchasing game items in the aggregate amount of KRW 550,000 on five occasions. After continuing access to H, the Defendant and B made a small payment by purchasing goods worth KRW 49,600 by entering the settlement information without authority.

As a result, the Defendants conspired to enter information in the victim's cell phone without authority and made the victim obtain economic benefits by making information processed.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. C’s statement;

1. Where a public prosecution was instituted against a juvenile subject to a protective disposition under Article 32 of the Juvenile Act, which is subject to the application of the detailed statement of small-sum settlement statutes, the case is examined and decided again, or the case is not forwarded to the Juvenile Department (see the main sentence of Article 53 of the Juvenile Act). If a public prosecution was instituted for a criminal case against a case subject to a protective disposition, this constitutes a case subject to a protective disposition under Article 327 subparagraph 2 of the Criminal Procedure Act and the procedure for prosecution is null and void due to its violation of the Act, and thus, a judgment dismissing the prosecution shall be sentenced pursuant to Article 327 subparagraph 2 of the same Act (see, e.g., Supreme Court Decision 96Do47, Feb. 23, 1996). However, in full view of the evidence duly adopted and examined by the court and reference materials submitted by

1. Relevant provisions concerning facts constituting an offense;