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(영문) 서울북부지방법원 2019.05.02 2019고정212

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

"2019, 212"

1. On February 20, 2018, the Defendant heard from B that “On behalf of the Internet shopping mall, the Defendant may receive a certain rate of the settlement amount in cash,” and brought the mobile phone of the victim C living together with the Defendant, and received a certain rate of the settlement amount and received a return of the settlement amount.

On February 20, 2018, the Defendant: (a) around 23:30 on February 20, 2018, at the Seongbuk-gu Seoul D Building and the victim’s house located in subparagraph (e), brought the victim’s cell phone by taking advantage of the difference in the victim’s cell phone; and (b) through B, informed F of the date of birth of the victim, the mobile phone number, and the victim’s smartphone serial number, thereby allowing F to enter the said information in the G mobile phone small settlement information entry column and to pay 300,000 won, and received a return of the specified ratio.

Accordingly, the defendant acquired financial benefits equivalent to 300,000 won by inputting the victim's information into the data processing device without authority.

2. On February 26, 2018 and March 2, 2018, the Defendant reported on the Internet that “on behalf of a small amount settlement, the Defendant would make a cash offer.” On the Internet, the Defendant was willing to receive a certain ratio of the amount of the small amount of the settlement for the victim’s mobile phone for an advertisement in the name of an unidentifiedist (hereinafter “titled winner”) after paying the small amount of the settlement with the victim’s mobile phone, and then received a return from the person who has lost the name.

On February 26, 2018, at the same place as above 05:43 around 05:43, the Defendant: (a) connected the victim’s mobile phone to the account that the victim informed him/her of his/her name in his/her mobile phone; (b) entered the victim’s date of birth, mobile phone number, and the victim’s smartphone serial number in the column for entering small-amount settlement information; and (c) entered the victim’s date of birth, mobile phone number, and the victim’s smartphone number on five occasions in total.