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(영문) 대전지방법원 2020.10.29 2020고단1413
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 27, 2018, the Defendant was in the relationship between the victim B (Nam, 25 years of age) from November 27, 2018.

1. Around February 12, 2019, the Defendant settled a total of KRW 4,921,370 in total over 55 times from around that time to October 24, 2019, including the fact that: (a) the cell phone (E) used by the victim B from old and America City C and D obtained the certification number from the victim’s cell phone to pay KRW 100,000 after receiving the certification number from the victim’s cell phone; and (b) the Defendant paid a total of KRW 4,921,370 in the following manner from around that time to October 24, 2019.

Accordingly, the defendant acquired financial benefits equivalent to the same amount by inputting the information without authority into the information processing device, such as computer, etc.

2. On July 22, 2019, the Defendant: (a) at the place specified in paragraph (1) around July 22, 2019, filed an application for change of the victim’s mobile phone sales store with the victim’s mobile phone; (b) notified the said employee of the certification number transmitted to the victim’s mobile phone (E) while filing an application for change of the mobile phone device; and (c) had the said employee prepare an application for change of the mobile phone device that includes the said certification number, etc., and changed the device into the Aphone XS mobile phone

Accordingly, the defendant acquired financial benefits equivalent to the same amount by inputting the information without authority into the information processing device, such as computer, etc.

3. Around July 29, 2019, at the place specified in paragraph (1), the Defendant: (a) certified himself/herself using an authorized certificate installed in the victim’s mobile phone (E); and (b) drafted a new application form for his/her mobile phone; (c) arbitrarily opened a new mobile phone of Gop XS equivalent to KRW 1,705,000 at the market price; and (d) installed the USIM chip connected to the above H in another public machine from July 31, 2019 to September 1, 2019; and (c) paid a total of 66,89,950 won, as shown in attached Table 2, on a total of 66 occasions, as indicated in attached Table 2.

Accordingly, the defendant is a computer.

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