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(영문) 서울중앙지방법원 2017.05.12 2016고단4753
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 29, 2015, the Defendant purchased clothes by accessing the Internet clothing shopping mall E in Eunpyeong-gu Seoul Metropolitan Government (D) around 02:43, the Defendant: (a) entered F’s resident registration number and mobile phone number “G”; (b) arbitrarily classified F’s certification number; and (c) settled goods worth KRW 152,000,000.

As such, the Defendant acquired economic benefits equivalent to KRW 152,00 by inputting information into computers and other information processing devices without authority.

Summary of Evidence

1. Each legal statement of witness F and H;

1. The description of the defendant's partial statement and F's statement concerning the suspect in each police interrogation protocol;

1. Statement made by the police with regard to F;

1. Details of the use of settlement of small amounts, detailed information on orders, details of mobile phone transactions, and application of Acts and subordinate statutes regarding domestic postal delivery;

1. Relevant Article of the Criminal Act and Article 347-2 of the Criminal Act concerning the crime, the choice of a fine (the denial of a crime, but considering the minor number of damage and the absence of any criminal record of the same kind);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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