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(영문) 서울동부지방법원 2015.06.03 2015고단336
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On April 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a thief) at the Seoul Eastern District Court (a thief). The said judgment became final and conclusive on April 17, 2015.

【Criminal Facts】

On July 6, 2014, from around 08:48 to 08:54 on the same day, the Defendant stolen the core chips of the victim E (the age of 22) from D History located in Gwangjin-gu Seoul Special Metropolitan City, and attached it to the Defendant’s mobile phone terminal, and then connected the Defendant’s mobile phone small-sum payment, and acquired the same pecuniary benefits as the above mobile phone service (MMM) by using the method of paying the mobile product amounting to KRW 160,000, the points amounting to KRW 30,000, the online merchandise coupon amounting to KRW 60,000, the online merchandise coupon amounting to KRW 30,000, and the integrated mobile merchandise amounting to KRW 20,000, without authority.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Details of the purchase of Tittoo, and details of mobile product certificates purchased by suspects;

1. Investigation report (the tracking the details of the use of the gift certificates and the verification of personal information of the account of the wounded);

1. Records before and after judgments: Criminal records, etc., inquiry reports, summary of case agreements, auxiliary meetings, application of court rulings and other 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 dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was convicted as stated in the criminal records, and this case is that.

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