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(영문) 광주지방법원 2019.11.21 2019고정587

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. The Defendant committed the crime of September 24, 2017, around 09:27, around 2017, purchased cultural products rights by entering D’s personal information, etc. without authority after deducting the core chip of D’s cell phone (E) from the Defendant’s cell phone and inserting it into the Defendant’s cell phone, and then entering D’s cell phone into the Defendant’s cell phone, and then making payment through G.

Accordingly, the defendant acquired financial benefits equivalent to 500,000 won by inputting D's information into a computer or any other information processing device without authority.

2. On October 1, 2017, the Defendant acquired the right to purchase cultural products by accessing “F” at the aforementioned place on October 1, 2017 at the same time, and by making the payment of KRW 500,000,000, the price of which is settled through “F” G, and by allowing the data processing device, such as a computer, to enter DNA information without authority, into the data processing system, thereby obtaining property benefits equivalent to KRW 500,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of H letters, and statutes governing small-sum settlement;

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting the crime, selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.