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(영문) 대구지방법원 2013.05.10 2013노317

컴퓨터등사용사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is excessively unreasonable.

2. Ex officio determination

A. Ex officio, the prosecutor examined the defendant's name of the crime against "Fraud by Use of Computer, etc." from "Fraud by Use of Computer, etc.", and the applicable provisions of law to "Articles 347-2, 32(1), 37, and 38 of the Criminal Act" as "Articles 347-2, 32(1), 37, and 38 of the Criminal Act", and applied for changes in the indictment as mentioned below, and the judgment of the court below changed the subject of the judgment and the subject of the judgment can no longer be maintained.

B. The revised facts charged No. B, C, and the name missortist purchased a flag card with a weak security nature, discovered in advance the serial number and validity period of 16 forms listed on the front of the card, and the CVC code of 7 forms listed on the back of the card, and sold the said card to a merchandise coupon establishment specializing in the sale of the flag card, and subsequently, to acquire pecuniary benefits equivalent to the amount charged to the flag card by purchasing other products using the aforesaid card information prior to the time of purchase of the sales card, which was known in advance on the pocketbook, and the defendant received a proposal from C to purchase the flag card to be used in committing a crime and to give them a daily payment if it is transferred to B.

C On April 11, 201, at the park located in the Seo-gu, Seogu, Seodong-gu, Seodong, Daegu, instructed B to the effect that “A sells the e-mail card upon amnesty, its serial number, effective period, CVC number, and then inform Kwikset of the serial number, etc. in the e-mail.” On the 11st day of the same month, the Defendant purchased 500,000 won card from the above bank as the purchase price received from C at the front of the Daegu Bank Accountingdong located in Jung-gu, Daegu, Daegu, and gave to B the card purchase price.