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(영문) 서울북부지방법원 2014.11.07 2014고단2082

컴퓨터등사용사기등

Text

Defendant

A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 2 million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

"2014 Highest 2082"

1. Defendant A

A. At around 21:00 on April 8, 2014, the Defendant stolen 3 smartphones in Myeon-ro 397, Jung-gu, Seoul, and in Myeon-information Library of 397, the victim E, who was on a book, in the market price of 450,000 won.

From that time until June 26, 2014, the Defendant stolen money and valuables worth KRW 4,565,000 in total on six occasions, such as the list of offenses (1) in attached Form 1.

B. On April 8, 2014, around 22:35, the Defendant purchased an item and obtained pecuniary benefits equivalent to the same amount by accessing the G F (F) G E’s smartphone from the stolen victim E’s online site to settle the amount equivalent to KRW 440,000 on four occasions without authority, after having access to the stolen victim E’s smartphone.

In addition, from that time until April 18, 2014, the Defendant had access to the online site without authority over 13 occasions, such as the list of crimes (2) as shown in the attached Table of Crimes (2), and had a total of KRW 942,00,000, acquired financial benefits equivalent to that amount.

2. Defendant B

A. At around 13:00 on April 10, 2014, the Defendant: (a) purchased 30,000 won of a gallon-type3 smartphone from the victim E-owned by the Defendant, knowing that he/she stolen one of the gallon-type 3 smartphones owned by the said A; and (b) acquired the stolen goods by purchasing 30,000 won of a price, even though he/she knew that it was a stolen property.

B. At around 17:00 on April 19, 2014, the Defendant acquired stolen goods at KRW 200,000, knowing that one of the gallon type-5 smartphones owned by the victim H, which he stolen from the above A, was stolen at KRW 900,000.

"2014 Highest 3235"

1. Defendant A, at around 04:00 on May 6, 2014, at its own discretion, used a mobile phone in the name of K in his/her own possession in J located in Jung-gu Seoul Metropolitan Government.