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(영문) 부산지방법원동부지원 2020.12.02 2020고단1851
사전자기록등위작등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 22, 2019, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud at the Busan District Court's Dong Branch, and the judgment became final and conclusive on September 17, 2019. On December 27, 2019, the same court was sentenced to eight months of imprisonment for a crime of fraud, etc. and the judgment on June 19, 2020 became final and conclusive. On August 19, 2020, the same court was sentenced to one year of suspension of execution for four months of imprisonment for a crime of fraud and became final and conclusive on September 7, 2020.

【Criminal Facts】

On 2018, the Defendant was aware of C at the religious organization called "B", and used that he was aware of C's personal information, and used that he was aware of C's personal information to park and sell C's water purifiers in the name of C.

On January 31, 2019, the Defendant called a member of D Co., Ltd. (hereinafter referred to as “E ice”). The Defendant had the employee, who is aware of the fact, access to D computer system, and then had C enter C’s personal information, etc. in C’s entry column, and transmitted it to the server.

As a result, the Defendant forged one file in the name of C, which is an electronic record of another person’s electronic records pertaining to rights and duties, for the purpose of leading to his/her business affairs, and used a siren contract to transmit it to D Co., Ltd. by allowing it to be sent to D Co., Ltd., and thereafter, the Defendant forged and used the prior records in the name of C four times in total as shown in the list of crimes from around that time to February 8, 2019.

[However, since Serial 2-4's " February 8, 2020" is a clerical error, all of them are dismissed as " February 8, 2019". The summary of the evidence is as follows.

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Previous convictions in the judgment: Residents, crimes, inquiries about investigation records, investigation reports (Attachment of the same criminal records), investigation reports (Attachment of the case in trial), Konet case search, judgment [this case's criminal facts are similar to some of the final judgment of June 19, 2020, but they are similar to the final judgment of June 19, 2020 (a final judgment).

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