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(영문) 서울서부지방법원 2018.02.08 2017고단3812
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[criminal history] On January 12, 2017, the Defendant was sentenced to imprisonment with prison labor for night residence intrusion larceny at the Incheon District Court’s Branch, etc. on August 10, 2017, and completed the execution of the sentence at Anyang Prison on August 10, 2017.

[Criminal facts]

1. Larceny;

A. The Defendant, at around 04:40 on November 5, 2017, kept under his own bottom at “D main store located on the first floor of the Seodaemun-gu Seoul Building C, Seodaemun-gu, Seoul around 04:40, the Defendant 1, 1, 5, 5, 5, 5, 5, 5, 5, 3, 1, 3, 3, 5, 1, 3, 1, 3, 1, 3, 1, 1, 1, 1, 1, 3, 1, etc. of the market price, 1,000,000,000,0000,0000,000,000,00

In other words, they stolen them.

B. On November 5, 2017, at around 04:42, the Defendant: (a) placed one mobile phone (i.e., Aphone 6) equivalent to KRW 900,000 in the market price of the victim F owned by the entrance filling room; and (b) stolen it.

2. Around November 23:15, 2017, the Defendant paid KRW 2,000 of the PC room charges by means of an unmanned settlement machine, as if the said card was one’s body card, as set forth in paragraph 1 from the “H Tcker located in Gangseo-gu Seoul Metropolitan Government G” to “H Hcker,” which was stolen as set forth in subparagraph 1.

Accordingly, the Defendant acquired economic benefits by using stolen debit cards as above and by making data processed by inputting information without authority into computers and other information processing devices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A written statement;

1. A report on internal investigation (verification of the commission of a crime), investigation report (verification of the relative damage inflicted on the victim E), investigation report (related to the attachment ofCCTV to images);

1. Previous convictions in judgment: He/she shall make a reply to inquiry, such as criminal history, report on the result of previous convictions in disposition, and apply Acts and subordinate statutes to individual confinements;

1. Relevant Article 347-2 of the Criminal Act concerning the crime, the choice of punishment, and Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 329 of each Criminal Act (the theft point).

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