컴퓨터등사용사기
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. A summary of the grounds for appeal has no authority to enter, without authority, the F resident registration number, the mobile phone number, or the certification number sent to F's mobile phone, and to obtain any pecuniary benefit equivalent to 152,000 won;
Even if the defendant is found guilty, the sentence imposed by the court below is too heavy.
2. Determination
A. On August 29, 2015, the Defendant: (a) purchased clothes by accessing the Internet clothing shopping mall E in Eunpyeong-gu Seoul Metropolitan Government (D) around 02:43 on August 29, 2015; (b) entered F’s resident registration number and mobile phone number “G”; and (c) arbitrarily classified F’s cell phone numbers to pay goods worth KRW 152,000,000.
As such, the Defendant acquired economic benefits equivalent to KRW 152,00 by inputting information into computers and other information processing devices without authority.
B. The lower court found the Defendant guilty of the instant facts charged through the witness F and H’s legal statement, F’s statement in the police interrogation protocol against the Defendant, F’s police statement in the police interrogation protocol, F’s statement in the text, details of settlement of small amount, detailed information on the disposition, mobile phone transaction details, and domestic mail delivery inquiry.
(c)
(1) Considering the following circumstances revealed in the records of this case, it is difficult to believe that the witness F’s legal statement in the lower court and the trial court, F’s statement in the police interrogation protocol against the Defendant, and F’s police statement in the police interrogation protocol.
◎ 피고인이 F의 휴대폰을 사용한 사실이 있는지 여부는 유무죄를 결정지을 수 있는 중요한 사항으로서 수사기관, 원심 및 당 심에서 이에 대해 신문이 이루어졌다.
F, unlike the statements in the investigation agency and the lower court, the F became aware of the new facts in contact with the instant case.
Until now, I did not think until now.
On March 22, 2017, after testimony at the lower court on March 22, 2017, called E customer center.
At the customer center, a telecommunication staff member will be fluent.