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(영문) 대구지방법원 김천지원 2019.08.13 2019고단558

컴퓨터등사용사기등

Text

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

Reasons

Punishment of the crime

[criminal power] On September 12, 2018, the Defendant was sentenced to one year to suspend the execution of his/her imprisonment with prison labor for at least four months in the Daegu District Court Kimcheon branch of the Daegu District Court on September 12, 2018, due to night building intrusion, larceny, etc., and the above judgment became final and conclusive on September 20, 2018, and is still under suspension of the execution period. On February 14, 2019, the Defendant appealed KRW 7 million as a fine for fraud by using computers,

【Criminal Facts】

1. Around 00:50 on April 20, 2019, the Defendant: (a) worked as a part-time student at the D convenience store operated by the victim C in Kimcheon-si, Kimcheon-si; (b) opened the Defendant’s use of the transportation card in the device prior to the transport card managed by the victim; and (c) arbitrarily entered the order for charging KRW 20,000 into a total of 24 times, and charged the amount of KRW 480,00 in total for the use of the transportation card.

Accordingly, the defendant acquired economic benefits of 480,000 won by inputting information into a computer or any other information processing device without authority.

2. The Defendant: (a) was working on the first day with Abane as a part-time student at the time, place, and first day specified in paragraph (1); (b) was stolen with 819,000 won in cash, which was owned by the injured party, 150,000 won in [2] 30,000 won in [30,000 won in [1] and 30,000 won in cultural products; and (c) with 1,449,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of internal investigation reports, on-site photographs, and mobile phone photographs-related Acts and subordinate statutes;

1. Relevant Article 347-2 of the Criminal Act and Article 347-2 of the Criminal Act, Article 329 of the Criminal Act and the choice of imprisonment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A primary crime (Fraud by Use of Computer, etc.) (a decision of type) is a fraud. < Amended by Act No. 1138, Mar. 1, 201>