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(영문) 수원지방법원 2021.01.12 2020고정1668

컴퓨터등사용사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 16, 2020, the Defendant: (a) sold C Game D accounts (A: E) to B for KRW 200,000; and (b) on February 20, 2020, the Defendant set up a letter of waiver of the account to B for KRW 220,000.

1. On February 21, 2020, the Defendant: (a) opened the account that the Defendant sold in the name of the Defendant on February 21, 2020; (b) opened the password with the cell phone certification number obtained from the Defendant’s cell phone; and (c) opened the password with the Defendant’s access to the D account owned by the victim without legitimate authority.

2. On March 20, 2020, the Defendant: (a) sent a password change as in paragraph (1) to the Defendant; (b) accessed the above account owned by the victim on two occasions at around March 20, 2020 without legitimate authority; and (c) sold game items in an amount equivalent to KRW 300,000,00 in the market price owned by the victim by entering an order on the game; and (d) acquired profits equivalent to the price by selling the game items to a person without name.

As a result, the defendant invaded another person's information and communications network without authority, and obtained pecuniary benefits by inputting information without authority into another person's information and communications network, such as computer, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. Application of laws and regulations to the calendars and specifications of transactions in this body, particulars of the purchase of items, notes of the Account renunciation, and text messages dialogues;

1. Relevant Article of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., Articles 71(1)9 and 48(1) (a) of the Act on Promotion of Utilization of Information and Communications Network and Protection, etc., Article 347-2 of the Criminal Act, and selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.