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(영문) 수원지방법원 안산지원 2018.11.14 2018고단2722

컴퓨터등사용사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, using the fact that online open market (B, C, and D) does not confirm whether business information such as business registration number, business name, etc. and actual information of the subscribers are consistent with the information of the subscribers, had arbitrarily entered the business registration number, purchased goods at a discounted price using the discounted coophone that was paid to the members, and then had the goods purchased at the discounted price and then take profits from the resale thereof.

On March 25, 2016, the Defendant: (a) entered the business operator’s name, business operator’s number, etc. that he/she became aware of in the FPC room located in Ansan-si E and fourth floor; and (b) purchased goods of an amount equivalent to KRW 5,900 at a discount rate of KRW 3,00 from the victim I (State); and (c) obtained a discount of KRW 16,374 in total from September 7, 2017 by purchasing goods of an amount equivalent to KRW 329,405,970 in total from the discount rate of KRW 16,374 to the day of the crime; and (d) obtained a discount of KRW 141,5,510 in total from the discount rate of KRW 5,510 using the discount rate of KRW 140,510 in purchasing goods of an amount equivalent to KRW 329,5,970 in total.

As a result, the defendant entered illegal orders in data processing devices such as computers, and acquired financial benefits equivalent to 141,075,510 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against J, K and L;

1. A report on internal investigation (reformization of subscription e-mail overlap and verification of posting on the Internet), internal investigation (verification of details of damage B), internal investigation report (Adjustment of e-mail address details entered at the time of opening the account of B), internal investigation report (report on the result of enforcement of seizure warrant No. 2017-17052);

1. Application of Acts and subordinate statutes to the reported details, such as the details of a sign-up, damage details, e-mail content, card use details, response to financial transaction details, D, C reply details, purchase details, etc.

1. Relevant Article 347-2 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.