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(영문) 인천지방법원 부천지원 2018.09.12 2018고정591
컴퓨터등사용사기등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On May 8, 2018, the Defendant acquired a new card lost by the victim C at the bus stops prior to the details of delivery 43, as the Defendant: (a) around 19:00 on May 8, 2018.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On May 8, 2018, the Defendant violated the Act on Specialized Credit Financial Business, such as computer, etc., and the Act on Specialized Credit Financial Business, used the bus service No. 8 of the bus affiliated with the bus and paid the bus fees by using the bus service No. 19:26 on May 8, 2018 at a place where the location of the bus is unknown. As such, the Defendant used the bus service No. 8 of the bus affiliated with the bus service provider, such as the aforementioned “1.” contact the bus service provider with the bus service charge, thereby recognizing the information on the said card, thereby allowing the Defendant to operate the said device so that the bus fee is settled for KRW 1,250,00 from that time until May 11, 2018.

As such, the Defendant, without authority, entered and changed information into a computer or any other information processing device, thereby obtaining economic benefits equivalent to the same amount and using damp credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes on the use of transportation cards;

1. Article 347-2 of the Criminal Act (a point of fraud by using a computer), Article 70 (1) 3 (a point of fraud by using a credit card) of the Act on Specialized Credit Financial Business, and Article 360 (1) of the Criminal Act concerning facts constituting an offense (a point of embezzlement of occupied articles);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 59(1) of the Criminal Act (2) of the suspended sentence (200,000 won in penalty, KRW 500,000 per day in the workhouse, and KRW 100,000 in the detention of the workhouse) are recognized and against

There is no criminal history prior to the instant case.

The amount of damage is relatively less than 5,650 won.

not re-offending.

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