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(영문) 서울중앙지방법원 2015.11.27 2015고정3046
사기등
Text

Defendant shall be punished by a fine of KRW 2,00,000.

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

Reasons

Punishment of the crime

1. A person violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network Utilization and Information Network, etc.) was prohibited from intrusion on an information and communications network beyond the authorized access authority or beyond the permitted access authority, on August 19, 2013, the Defendant used the victim D's ID and password acquired on the Internet in Seongbuk-gu Seoul, Seoul, and continued to connect the victim D's account in the same manner as the victim D's account at the FPC bank located on August 25, 2013, around August 25, 2013.

Accordingly, the Defendant infringed on the information and communication network without access authority.

2. Fraud;

A. A. Around August 19, 2013, the Defendant posted a notice on the online game of “Aion” to the said D account, which was connected to the online game of “Aion” in the above C, and was given KRW 70,000 from the victim G to the one bank account (I) in the H’s name in the name of the purchase price for the game money, in the absence of intent or ability to sell “kina”, which is a game money.

B. On August 25, 2013, the Defendant sent a notice to the online game “Adodoh” to the said D’s account in the said FPC room, stating that the Defendant sold “Dana” in the absence of the intent or capacity to sell the game money, and received 70,000 won from the victim J to the national bank account (L) in the name of K as the price for purchasing the game money in 3.1 billion won.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written evidence and statements of G and J;

1. Application of the warrant execution reply, transfer certificate, and the Acts and subordinate statutes;

1. Article 72 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (amended by Act No. 13280, Mar. 27, 2015) regarding criminal facts.

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