beta
(영문) 서울북부지방법원 2013.09.02 2013고정1989

컴퓨터등사용사기미수등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 7, 2013, at around 22:00, the Defendant: (a) opened a string line that is not corrected by the victim C, which is owned by the victim C; and (b) opened a string line that is owned by the victim C; and (c) opened one string line that is equivalent to KRW 60,000 of the market price of the victim owned by the victim; (d) one string line, one resident registration certificate, one security card of the foreign exchange bank, one string line, and one string line that is located in the Korean bank security card.

Accordingly, the defendant stolen the victim's property.

2. The Defendant who attempted to commit fraud using computers, etc.: (a) conspired with F by inserting 10,000 won oil in the oil station near the Defendant with a stolen physical card, as described in the foregoing paragraph (1), at the oil station near the Defendant’s wife; and (b) came to the HH oil station located in Dobong-gu Seoul Metropolitan Government on May 8, 2013.

F The Defendant, 3 and 4 times installed in the above oil station, put the above physical card into the card input, and attempted to sum up 10,000 won the oil server, but revoked the approval of the 100,000 won the soft card.

Thus, the defendant, in collusion with F, intended to acquire economic benefits by inputting information without authority into a computer or any other information processing device, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused and F by the prosecution;

1. Statement to C by the police;

1. CCTV afforestation photographs;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 329 of the Criminal Act, Articles 352, 347-2, and 30 of the Criminal Act, and the choice of fines, respectively;

1. Articles 26 and 55 (1) 6 of the Criminal Act to be mitigated legally (the crime of attempted suspension and attempted use by computer, etc.);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;