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(영문) 수원지방법원 2018.10.11 2017고정3165

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

On June 9, 2017, the Defendant had been sentenced to six months of imprisonment with prison labor for larceny from the support of Suwon Friwon, Griwon, and the judgment became final and conclusive on September 1, 2017.

Punishment of the crime

On February 22, 2017, at around 00:34, the Defendant: (a) known in the Seo-gu, Daegu District Court “C’s “C” room; and (b) sent text messages to the victim D, who was a part of “C” room in Seo-gu, Seo-gu, Daegu, 2017; (c) obtained a cell phone from the victim’s name by sending text messages to the victim; and (d) using this, “C” as the website of the small-sum settlement company.

In order to settle the amount equivalent to KRW 49,760,00 purchased on the said MF website by entering information on the date of birth of the victim and the settlement number transmitted to the victim's mobile phone without authority, and continue to pay the small amount of money by continuously accessing the "Stotong", which is the website of the small-amount settlement company, in order to settle the amount equivalent to KRW 50,000,000, total amount of KRW 50,000,000, purchased on the Grand website.

Accordingly, the defendant acquired financial benefits equivalent to 649,760 won in total by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A report on internal investigation (the confirmation and attachment of evidentiary materials submitted to victim D);

1. Previous offense: Application of Acts and subordinate statutes to investigation reports (the fact that judgment becomes final and conclusive after the crime is committed);

1. Relevant legal provisions concerning facts constituting an offense, Article 347-2 of the Criminal Act selecting a sentence, and the choice of a fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;