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(영문) 대구지방법원 김천지원 2016.11.22 2016고정151

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

The defendant is a person who has worked as a member of the old-si BFD 1st floor C.

1. At around 22:00 on May 27, 2015, the Defendant discovered one cellular phone at a level of 980,000 won, where the victim D (the age of 39) who is a customer in the above head of the instant heading house spams the floor of the waterway, and stolen it by inserting it in front of the front heading.

2. Around 03:01 on May 28, 201, the Defendant purchased a mobile product right amounting to KRW 4.90,000 in total 31 times, as shown in the separate sheet of crime, using the instant victim’s Samsung Talthothm 4 smartphone, which was stolen, such as the foregoing paragraph (1), by means of the galthothm jum jum jum jum jum jum jum jum jum jum jum jum jum jum (T-SORE) with a mobile phone jum jum jum jum jum jum jum jum.

As a result, the Defendant obtained property benefits equivalent to 4.90,000 won in total at the market price by inputting information into a mobile phone, which is an information processing unit without authority.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on internal investigation by the police (a confirmation of the details of purchase of small amount of mobile phones and attach photographs, attach photographs showing serial numbers of mobile product certificates, attach photographs to the victim mobile phone type and price internal investigation);

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 347-2 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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