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(영문) 수원지방법원 2019.05.23 2018고단4195
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On April 22, 2018, at around 05:51, the Defendant used computers, etc.: (a) entered the victim’s mobile phone password between the Defendant’s residence located in Gangnam-gu Seoul, Seoul; (b) applied for a credit card loan under the victim’s name by accessing the D bank website; (c) made a loan of KRW 2 million to the D bank account in the victim’s name; and (d) re-establish the password with an authorized certificate stored in the victim’s mobile phone after obtaining the re-issuance of an authorized certificate stored in the victim’s mobile phone; and (b) transferred the said money to the D bank account in the name of the Defendant.

In addition, from that time until April 24, 2018, the Defendant borrowed total of KRW 20,80,000 in the name of the victim three times by the same method, such as the list of crimes, and transferred it to the account under the name of the Defendant.

Accordingly, the defendant acquired economic benefits of 20,800,000 won by inputting information into a computer or any other information processing device without authority.

2. No person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization, etc.) shall intrude any information and communications network without legitimate access

As described in paragraph 1, the Defendant, without permission of the above B, intruded into the above D Bank website (G), H site (I), and J site (K) without legitimate authority, and applied for a loan and transfer in the name of the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to a complaint (including a written confirmation of the results of each electronic financial transfer, a letter of commitment, and a fact certificate);

1. Relevant legal provisions concerning criminal facts and Articles 71 (1) 9 and 48 (1) of the Act on Promotion of the Use of Information and Communications Network and Protection, etc. of Information, Article 347-2 of the Criminal Act, the selection of imprisonment with labor;

1. Aggravation for concurrent crimes;

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