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(영문) 대구지방법원 2017.07.19 2017고정1149
컴퓨터등사용사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a person who uses Adi “B” on a survey site operated by the Victim Net Points Points Working Board Emp, Inc. (www.nett.co. .kr).

No person shall acquire any benefits to property or have a third party acquire them, by making any data processed after inputting a false information or improper order, or inputting or altering any information without authority into an information processing device, such as computer, etc.

Nevertheless, at around 20:00 on February 14, 2017, the Defendant, when filing an application for the exchange at the Daegu Suwon-gu, 101 Dong 1105, which is one’s own residence, was aware of the computerized vulnerability that, when entering the compact ((s) on the money exchange entry column, the Defendant would apply for the withdrawal of points more than the points in the actual possession of the said employee, he/she acquired money by deceiving the staff in charge of the money.

The Defendant requested a withdrawal with a false point greater than its own points in the entry column after reproducing the compact (, ) in the above exchange application page, and received 650,000 won from the employee in charge of the money exchange who is believed to be true to have been transferred to the account (D) in the name of SC bank account in the name of A.

Accordingly, the defendant acquired economic benefits by inputting illegal order into computer and other information processing devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of the use of services and a certificate of transfer confirmation;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the details of repayment of damage);

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

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that the defendant has no criminal record, the defendant fully repaid the amount of damage to the victim, and the victim is the victim.

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