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(영문) 부산지방법원 2019.05.14 2019고정159

컴퓨터등사용사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 20, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on November 17, 2018.

On December 20, 2017, the Defendant: (a) was a person who worked at the mobile phone sales store in Busan Jung-gu, U.S.; (b) received a request from the victim D, who is a customer, to “the smartphone is too slow; (c)” in the above mobile phone sales store around December 20, 2017; (d) received a request from the victim D to “the request to inspect”; and (e) obtained pecuniary benefits by paying the amount of the mobile cultural product right to the victim’s smartphone using the victim’s smartphone; (e) obtained a small sum of money payment password by accessing E, which is an information and communications network, with the victim’s smartphone without access; and (e) obtained a small sum of 150,000 won when purchasing three gift certificates of KRW 50,000 with the victim’s smartphone, without access authority.

Accordingly, the defendant acquired property benefits equivalent to 150,000 won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of small-sum settlement;

1. Before judgment: Criminal records and the application of two copies of judgment and other Acts and subordinate statutes;

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;