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(영문) 서울동부지방법원 2019.03.27 2018고단3987
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Computer, etc. fraud;

A. On July 28, 2018, the Defendant, at around 17:00, received a mobile phone from the victim, saying, “A victim D’s mobile phone, who was hospitalized in the same hospital located in front of the exit of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to make a small payment, and received a mobile phone from the victim.”

The Defendant, using the aforementioned mobile phone, purchased mobile cultural products worth KRW 1,149,500 from 17:19 to 400,000 on the same day by means of mobile small payment, and then arbitrarily entered information about the settlement of the price into the victim’s mobile phone number and demanded the victim to claim the payment as the victim’s mobile phone charges. From around that time to August 4, 2018, the Defendant purchased the mobile cultural products worth KRW 1,149,500 in total as shown in the attached crime sight table (1) in the same way.

Accordingly, the defendant acquired financial benefits equivalent to 1,149,50 won in total by inputting information into a computer or any other information processing device without authority.

B. On August 12, 2018, the Defendant: (a) made a false statement to the victim that he/she would help the victim pay the unpaid fees for the mobile phone in the name of the victim; (b) connected the E-mail using the aforementioned mobile phone; and (c) linked the victim’s F Bank account to E account in the victim’s name via the victim’s identification; and (d) charged the victim with KRW 200,000 in 10,000 on two occasions from the said account; and (c) remitted the amount to the Defendant’s E account.

Accordingly, the defendant acquired financial benefits equivalent to a total of 200,000 won by inputting information into a computer or any other information processing device without authority.

2. On August 10, 2018, around 14:00 on August 14, 2018, the Defendant is in line with the J in Gwangjin-gu Seoul Special Metropolitan City.

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