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(영문) 광주지방법원 2021.03.17 2020고단6581

사기등

Text

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

Reasons

Punishment of the crime

[criminal history] On November 7, 2017, the Defendant was sentenced to a suspended sentence of two years for the purpose of larceny at night in the Daegu District Court Kimcheon, etc., and the judgment became final and conclusive on November 15, 2017. On August 16, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at the Changwon District Court for larceny on August 16, 2018, and the said judgment became final and conclusive on August 17, 2018, the said suspended sentence became void. The sentence was paroled on February 28, 2019 during the execution of the sentence, and the execution of the sentence was terminated on April 29, 2019.

[2] The Defendant, under the pretext of the necessity for the repayment of debt to AI, received an AI driver's license, official certificate, etc., and used the loan in the name of AI.

1. On April 22, 2020, the Defendant (around April 22, 2020, an electronic document, such as the electronic records, etc.) opened a AJ account (hereinafter “AJ account”) entered the name, address, and other personal information of the above AI into the AJ electronic server without permission of the above AI, and sent the written application to the AJ server, thereby opening the AJ account in the name of the AI by allowing the above information to be transmitted to the AJ server. The electronic document was sent to AJ, not knowing that the electronic document was forged.

Accordingly, for the purpose of making administrative affairs smooth, the defendant forged electronic records establishing an account in the name of AI, which is a private electronic records on rights and obligations without authority, and exercised them.

2. The Defendant applied for a loan of KRW 120,000,000 to the AL computer server on April 22, 2020 by accessing the victim AL-related crime (such as fraud and electronic records, and electronic records, etc.) by entering personal information, such as the name, address, etc., of the AI without permission from the above AI and making a self-certification using the carry number (AM) in the name of the AI.