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(영문) 서울중앙지방법원 2017.09.27 2017고단3704

컴퓨터등사용사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On February 17, 2016, the Defendant was released on August 13, 2016 and the parole period expired on October 10, 2016 while he was sentenced to one year of imprisonment for fraud, etc. by the Gwangju District Court.

[Criminal facts]

1. Computer and other fraudulent means;

A. On February 12, 2017, the Defendant, in collusion with C, etc., entered 92,160 won of the victim D’s visa information (such as card numbers, passwords, effective period, etc.) acquired due to an unforeseen circumstance while filling t money from a cell of the Defendant’s mobile phone at any time located in the Dong-dong, Daejeon, Daejeon, with C, etc. on February 12, 2017, and paid 92,160 won, in collusion with C, etc., thereby making the amount of the card deposited from the bank account of the victim from March 6, 2017, including that the card amount was deposited from the bank account of the victim from that time to March 6, 2017.

Accordingly, the defendant, in collusion with C, etc., obtained financial benefits equivalent to the above amount by inputting information into a computer or other information processing device without authority.

B. On March 15, 2017, the Defendant’s sole criminal act: (a) saved e-mail information (such as card numbers, passwords, effective period, etc.) of the victim E, which was acquired due to an unforeseen circumstance, using the Defendant’s mobile phone from the Defendant’s mobile phone using the aforesaid method; and (b) paid 92,160 won by settling e-mail; and (c) made the card amount deposited from the victim’s bank account from March 19, 2017 to March 19, 2017; and (d) made a payment of KRW 2,518,930, total sum of 36 credit card information of the victim by arbitrarily inputtinging 8 credit card information, such as (i) the victim’s list of crimes No. 315 and 350, total sum of 36 times in total.