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(영문) 수원지방법원 2020.11.25 2020고단6033

컴퓨터등사용사기

Text

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

Reasons

Punishment of the crime

[criminal power] On June 16, 2015, the Defendant was sentenced to four months of imprisonment and one year and six months of imprisonment at the Seoul High Court for fraud, etc., and completed the execution of the sentence in a permanent prison on January 20, 2017.

【Criminal Facts】

On September 21, 2019, the Defendant: (a) entered the victim’s personal information, such as the date of birth, by accessing the CD site at the time when the Defendant was de facto marital relationship at the time of the Gyeonggi-do BZ and the CAB mobile phone (CC) around 18:12, 201; and (b) paid a small amount of money equivalent to KRW 58,00,000 of the victim’s right to use accommodation for the victim’s mobile phone from that time to October 11, 2019; (c) entered the information without the victim’s authority in the form of the attached list of crimes; and (d) obtained a total of KRW 1,778,010, total sum of 21 times by paying a small amount of money to the victim’s mobile phone.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of CB;

1. Any internal investigation report (Attachment to the CD reply details), each internal investigation report (Attachment to the CF response details), each internal investigation report (Attachment to the CG response details), each internal investigation report (Attachment to the details of response to the provision of communications data), each internal investigation report (CH by the title of the CG account, CH, each internal investigation report (Attachment to the details of response), each internal investigation report (Attachment to the NF 2 account-A response details), the internal investigation report (Attachment to the CF 2 account-CJ bank response details), the internal investigation report (Attachment to the CF 2 account-CK bank response details), the internal investigation report (Attachment to the CF 2 account-CK bank response details), the internal investigation report (Attachment to the CF 2 account name), the telephone investigation report (Attachment to the CF 2 account name), and the

1. Details of small-sum settlement;

1. A judgment: Application of criminal records, reply reports, and Acts and subordinate statutes on the current status of accommodation of each individual;

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

1. The sentencing conditions stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, among repeated crimes, shall be determined as stated in the text of the punishment under Article 35 of the Criminal Act.