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(영문) 수원지방법원 안양지원 2013.09.26 2013고단675

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2012, the Defendant was using computers, etc.: (a) installed a cultural products display case by leaving a mobile phone owned by the victim C, the other party to sexual traffic, out of the mobile phone in which the victim C, who was the other party to sexual traffic, was temporarily diving; (b) purchased and used cultural products right amounting to KRW 294,00 by accessing the victim’s mobile phone number and authentication number by accessing the case (KG) settlement agency; and (c) purchasing and using cultural products right equivalent to KRW 294,00 by entering the victim’s mobile phone number and authentication number.

As such, the Defendant entered information without authority into a computer or any other information processing device, and acquired financial benefits equivalent to 294,000 won.

2. On February 13, 2013, from around 4:00 to July 00, 201, the Defendant stolen the victim’s 50,000 won in cash with the victim F, the other party to sexual traffic, at the “Eel” located in Ansan-si D, Ansan-si, Ansan-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of F, C, and G;

1. Application of statutes on the settlement of small amounts;

1. Relevant legal provisions concerning criminal facts, the choice of punishment Article 347-2 of the Criminal Act, Article 329 of the Criminal Act and the choice of imprisonment with prison labor;

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

1. The Defendant, with the reason for sentencing under Article 62(1) of the Criminal Act, has the same criminal history, and at the same time, the crime of this case was committed, and the nature of the crime is inferior, but the damage is partially recovered, etc. shall be determined as indicated in the disposition.