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(영문) 서울서부지방법원 2018.07.11 2018고정116

컴퓨터등사용사기

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 21, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for fraud, etc. in the Dong branch of the Busan District Court, and the said judgment became final and conclusive on February 28, 2018.

【Criminal facts” (A) on February 4, 2017, from around March 16, 2017 to around March 16, 2017, the Defendant, using the cell phone (C, D, and E) in the victim B’s name, entered information on the settlement of mobile phone in the Internet settlement site, such as NAV P, etc. without legitimate authority, and obtained financial benefits equivalent to KRW 1,643,720 in total over 18 times, as indicated in the list of crimes in the attached Table.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. A detailed statement of services for paying small amounts and using information content;

1. Police search and seizure warrant and reply;

1. Previous conviction: Application of criminal history inquiry, sentence, and search-related Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;