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(영문) 의정부지방법원 고양지원 2017.06.02 2016고정1217
컴퓨터등사용사기등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person working as the head of the department at the "D Call Center" located in the Dong-gu, Busan Metropolitan City, and the victim is a substitute driver using the above call center.

1. Around January 23, 2016, the Defendant used a computer, etc.: (a) accessed the program using the computer at the above company office using the computer on behalf of the victim E; and (b) entered the information that the Defendant was “from 2 A to 20,000 won, Seoul Yongsan-gu, Yongsan-gu, Seoul, to 20,00,” although the Defendant did not drive the program on behalf of the victim E.

The Defendant released call expenses of KRW 4,00 from the virtual account of the victim and acquired pecuniary profits equivalent to the same amount by making the victim process the information by inputting false information as above.

2. On January 23, 2016, the Defendant interfered with disability business, such as computers, connected call programs using computers at the office of the above company around 01:23, 2016, by inputting the information that “from 2,000 won to 20,000 won dispatch from 20,000 won” to the victim, although the victim E did not make a dispatch request, the Defendant provided that the victim would no longer make a dispatch request via Handphones.

The Defendant entered false information as above and caused interference with information processing, thereby preventing the victim from making a request for dispatch for about seven hours until 08:52, thereby interfering with the Defendant’s vicarious driving of the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes to detailed information on each error (ropfts, callpers), and a factual inquiry reply note;

1. Relevant legal provisions and Articles 347-2, 314 (2), and 314 (1) of the Criminal Act concerning criminal facts, the selection of fines (the process of committing the crime in this case, the fact that there is no particular benefit acquired by the defendant, the circumstances after committing the crime, etc.);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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