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(영문) 서울북부지방법원 2019.05.08 2019고단764

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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 March 15, 2017, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for the use of computers, etc. at the District Court of the Republic of Korea on March 15, 2017, and the said judgment became final and conclusive on March 23,

1. On September 25, 2015, the criminal defendant committed the act in the name of “C” through B at a place not known to him/her on September 25, 2015, and sent a page to the victim D and made a false statement that “on the opening of a cellphone, the terminal installment and the charge will be borne by himself/herself.”

However, even if the defendant received a cell phone opened in the name of the victim, he did not have the intention or ability to pay the cell phone installments or the charge, he purchased the goods using the personal information of the victim, and then made a small settlement with the cell phone.

On September 26, 2015, the Defendant: (a) by deceiving the victim; (b) obtained the victim from the victim; and (c) obtained the victim from the victim by galloning S6 mobile phones in the vicinity of the Cheongyang Station located in Dongdaemun-gu Seoul Metropolitan Government at the market price of KRW 924,00,000.

2. On September 29, 2015, the Defendant: (a) connected the F shopping mall operated by E using a mobile phone in the name of the victim acquired through deception as referred to in paragraph (1) at a place that cannot be known at least 01:52; (b) entered the victim’s personal information in the victim’s name and sent the certification number as if the victim purchased the goods; and (c) paid KRW 1,300 by means of re-entry the transmitted certification number; and (d) paid KRW 1,300 by means of re-entry of the transmitted certification number, from that time until January 1, 2016, the Defendant settled the total amount of KRW 697,270 over 36 times,

As a result, the defendant acquired economic benefits by inputting information into computers and other information processing devices without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Submission of a report on internal investigation;

1. A new service contract, etc.;

1. A previous conviction in judgment: an inquiry letter;