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(영문) 대구지방법원 2014.11.26 2014고정2441
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 22, 2014, the Defendant was sentenced to imprisonment with prison labor and six months in the Daegu District Court for fraud, etc. on November 21, 2014, which became final and conclusive on November 21, 2014.

On March 9, 2012, the Defendant came to know of the victim B’s resident registration number, mobile phone number, etc. by deceiving “to charge sexual authentication” to the victim C, who is the child of the victim B, in the Internet game “B”.

In addition, after entering the resident registration number of the victim and the victim's cell phone number that he/she became aware of through the above in an indiculous manner, he/she collected the game money equivalent to KRW 300,000 by entering and paying the certification number transmitted to the above cell phone.

The Defendant, as such, entered an illegal order into a computer or any other information processing device without authority, filled the net game money, and then 300,000 won of the settlement amount was imposed as a mobile phone of the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Details of the small currency;

1. Application of Acts and subordinate statutes to the case search data (Tgu District Court Decision 2014Da1742, 1742, 1827, 2153, 2435, 2530, 2846, 304 (Joint), 3304, 3835 (Consolidated); 2014No3081 of Daegu District Court Decision 2014No3081)

1. Relevant Article 347-2 of the Criminal Act concerning the facts constituting an offense, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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