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(영문) 서울북부지방법원 2019.06.14 2019고단32

컴퓨터등사용사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2018, when money to invest in virtual currency was insufficient, the Defendant had a cell phone, identification card, etc. in the name of the victim B living together with his/her mind to obtain a credit loan in the name of the victim without the consent of the victim.

1. On February 23, 2018, the Defendant opened a passbook in the name of the victim at the Defendant’s home located in Dobong-gu Seoul Metropolitan Government using the cell phone in the said victim’s name, and then entered the name, resident registration number, cellular phone authentication number, and two million won of loan amount into the victim’s account without authority as if the victim applied for a direct loan from the D bank site as if the victim applied for a loan, and borrowed KRW 90,000 to the victim’s account in the same manner as on February 25, 2018.

Accordingly, the defendant acquired financial benefits of 290,000 won by inputting the information without authority into the data processor, such as computer, etc.

2. On March 23, 2018, the Defendant opened a passbook under the victim’s name E at the Defendant’s home located in Dobong-gu Seoul Metropolitan Government by using the mobile phone in the victim’s name, and then entered the victim’s name, resident registration number, cellular phone authentication number, loan amount of KRW 30 million into the victim’s account without authority as the victim applied for a direct loan.

Accordingly, the defendant acquired property benefits equivalent to 30 million won by inputting information into the data processing device without authority, such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the part concerning the questioning statement by B);

1. The police statement concerning B;

1. Details of transactions of passbooks with the D Bank, and details of transactions of passbooks;

1. Application of Acts and subordinate statutes governing transaction details of passbooks;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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