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(영문) 부산지방법원 2016.10.13 2016고단4507

컴퓨터등사용사기

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

around 22:00 on February 5, 2016, the Defendant: (a) entered the victim’s cell phone number, correspondence number, the victim’s name, date of birth, and certification number in the victim’s name; (b) entered the victim’s BN, the victim’s information, without authority, at the Asia-gu, Daegu-gu BL, and settled KRW 300,00,000,000 by entering the victim’s information from the items, without authority, to the victim’s online game hold; and (c) entering the victim’s information from the items, without authority, to small sum of KRW 20,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00,00

As a result, the defendant, without authority, entered the information of the victims and processed the information, obtained the financial benefits of KRW 400,000 from the victim BN and KRW 500,000 from the victim BO respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the BP;

1. Application of Acts and subordinate statutes, such as the details of small payments, details of purchase of cultural products tickets, investigation reports (related to merchandise coupons purchased by a suspect in small payments);

1. Relevant Article 347-2 of the Criminal Act concerning the crime, the choice of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] [the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50] There are no basic areas (6 to 100 million won) [the decision of sentencing] [the crime of this case and the method of punishment are defective]. Meanwhile, the defendant was sentenced to imprisonment with prison labor for the same kind of crime and for two months, and is still pending in the appellate court, respectively, and the defendant has no record of criminal punishment except for the above case pending trial and the one-time fine, reflects the fact that there is no record of criminal punishment except for the defendant's age, character, conduct