Text
Defendants shall be punished by a fine of KRW 500,000.
In the event that the Defendants did not pay the above fine, 50.
Reasons
Punishment of the crime
1. Defendant B, around 16:00 on October 16, 2012, the Defendant acquired one smartphone (1) at the second floor of the 2nd floor D tea store underground of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, scar in an amount equivalent to KRW 800,000, the market price of which the victim E lost.
The Defendant did not take necessary measures, such as returning the acquired property to the victim, and embezzled the property as he/she had in mind.
2. Defendant A
A. At around 16:00 on October 16, 2012, the Defendant acquired 800,000 won of the market value, which is the victim E-owned by the Defendant, on the road near Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government, from the said Party C, with the knowledge of the fact that it was a stolen.
B. At around 21:05 on October 16, 2012, the Defendant purchased gift certificates worth KRW 95,740,00 in total by the aforementioned 12 methods, as shown in the separate sheet from around October 17, 2012, using the aforesaid smartphone, which was connected to the victim E at a soup story site located in the Ftel underground of Yeongdeungpo-gu Seoul Metropolitan Government, for the purpose of purchasing KRW 5,00,000, by connecting the so-called “T-SORE” mobile commercial pets, and then purchasing gift certificates, etc. at least 95,740,000, from around that time to October 17, 2012.
Accordingly, the defendant acquired property benefits equivalent to 95,740 won by inputting information into the information processing device without legitimate authority.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on the purchase of coophones;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Articles 362(1) and 347-2 of the Criminal Act; the choice of each fine
B. Defendant B: Article 360(1) of the Criminal Act; selection of fines
1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);
1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;