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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
On August 27, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. in the territorial branch of the Chuncheon District Court on August 27, 2013, and the judgment became final and conclusive on August 27, 2013.
1. Around March 4, 2013, the Defendant: (a) entered “E” in four items to ask whether he/she has given consent to the provision and use of personal credit information in the form of “written application for acceptance and membership registration”; and (b) signed “E” on the next page of the application, when he/she received a bar card in which he/she applied for issuance by stealing the name of “E” from DNA located at the Seocho-si, Seocho-si.
Accordingly, for the purpose of uttering, the Defendant forged a certificate of acceptance and a written application for membership registration under the name of E, a private document on rights and duties.
2. The Defendant, at the time and place specified in paragraph (1), issued a forged copy of the above “written application for acceptance and membership membership” to a person with a card card under his/her name, who is aware of the forgery, and exercised it as if it was genuine.
3. Around March 4, 2013, the Defendant purchased the Internet Game “Neman 2” in total amounting to KRW 2,992,504 over 17 times, as indicated in the separate list of crimes, by accessing the victim’s “items” to the Internet site of the victim’s “E” by computer at the Seocho-si, Seocho-si, and inputting the information on the said e-mail card by inputting the information on the said e-mail.
Accordingly, the defendant, by inputting information without authority into a computer or any other information processing device, made the data processing process and thereby making the victim take property benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Details of the use of the check card;
1. A forged “written application for acceptance and membership”
1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the date when judgment becomes final and conclusive and fact-finding during convicts);
1. The point of Article 231 of the Criminal Act of the corresponding Article of the Criminal Act concerning criminal facts is the same as that of private documents.