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(영문) 창원지방법원 2019.02.13 2018고단3434

컴퓨터등사용사기

Text

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

Reasons

Punishment of the crime

1. On April 12, 2018, the Defendant: (a) boarded a taxi operated by the victim BL in front of a bus terminal located in Sacheon-si, Sacheon-si; (b) borrowed a mobile phone from the victim; (c) collected KRW 500,000 from the victim’s mobile phone to purchase online cultural products using the victim’s mobile phone; and (d) settled the amount of KRW 495,000 of the game money by again accessing the V website and paying the amount of KRW 495,000 of the money; and (b) obtained financial benefits equivalent to KRW 95,000 by allowing the data processing to input information without authority in the data processing system, such as a computer.

2. On April 14, 2018, the Defendant: (a) boarded a taxi operated by the victim BO in Scheon-si; (b) borrowed a mobile phone from the victim; and (c) paid off the game money amounting to KRW 495,00 by accessing the victim’s mobile phone device to the victim’s website; and (d) by allowing the data processor, such as a computer, to input information without authority; and (e) obtained pecuniary benefits by allowing the victim to process information by entering information into the information processing device,

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant statute;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act: Imprisonment;

1. For the reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act from among concurrent crimes: Imprisonment with prison labor for six months: Cumulative grounds for reduction, such as cumulative records of the same kind of punishment: Confession, remittance of the amount by fraud to the victims, separate progress of the case [the original 2018No2571, 2019No79 (Merger), the original court: 1 year and six months of imprisonment, and 2 months of imprisonment];