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(영문) 전주지방법원 2007.11.14.선고 2007고단1341 판결
여신전문금융업법위반,컴퓨터등사용사기
Cases

207JE 1341 Violation of the Specialized Credit Finance Business Act, computers, etc.

Defendant

A person shall be appointed.

Prosecutor

Scareman

Defense Counsel

Attorney Imprehion (Korean National Assembly Line)

Imposition of Judgment

November 14, 2007

Text

A defendant shall be punished by imprisonment for two years.

The 79 days of detention before this judgment is sentenced shall be included in the above sentence.

Seized evidence Nos. 1 through 14 shall be confiscated from the accused.

Reasons

Criminal facts

On November 30, 2005, the Defendant appealed from the Seoul Central District Court (2005Da2038, 2538 (Joint) and 4653 (Joint)) by sentence of one year and six months as a crime of forging official documents. From the Seoul Central District Court (2005No3918) to the appellate court, on April 27, 2006, the Defendant was sentenced to one year and six months of imprisonment, and was not guilty, again appealed on August 24, 2006 at the Supreme Court (2006Do3047) that became final and conclusive by the Defendant’s appeal, and the execution of the above sentence was completed at the Seoul Detention District Court on October 8, 2006, the Defendant acquired cyber money or other property benefits by using other person’s Internet information under the Act, which was acquired by using other person’s credit card or personal information.

1. Violation of the Specialized Credit Financial Business Act;

----- - Thembanmatile means means the erogate of July 1, 2007, in which no trade name is known to Seoul around July 1, 200;

the name in which it is not known to the person whose name it is used, shall not be approved by A.

A’s name, resident registration number, credit card number, credit card company, and credit card company discovered by improper means;

Defendant’s credit card information including the period of validity, password, amount used, CVC number, etc.

– opened and used in this name - - - through transmission to the account, halma, Nt

and attached Form, including holding the credit card information identified by one method in the above Medi Account;

Between June 26, 2007 and July 7, 2007, as indicated in the list of crimes (1)

- - - - The Account and - - - - The term "the Account" may use - The term "the name of the Account"

65 other person's credit card information received from the person and made such information by improper means.

h. The above credit card information in the above name B from the date of the crime to August 27, 2007

held by the Corporation;

(1) . gmatil .com listed in the remarks column of No. 1 of the crime sight table (1)

. hmatil. Net "on July 4, 07" written on the date, time, and place column No. 2 per annum. 5. "B"

“A. . hmatil . N. . N. . H. H. . H. H. . Nt “

corporate restructuring)

2. Fraud by using computers, etc.;

On July 4, 2007, in the case of the Internet (state) at the scambane located in the scam of Seoul around July 4, 2007.

(NYPIN) In purchasing international telephone charging cards in KRW 41,329 using the site, between them;

t. A newkin in the name of the victim C obtained as referred to in paragraph (1) on the settlement screen of the purchase price of T’s telephone card

D " 4518 - 4201 - 0414 - 3430 "

The list of crimes in attached Form, including acquisition of financial gains equivalent to the same amount by settlement;

(2) As described in paragraph (2), the above 300 times in total between July 6, 2007 and August 17, 2007

by means of the same manner as above, credit card information held in a computer and other information processing device

The total amount of the purchase price by entering the data processing without authority and paying the purchase price;

14, 798, 484 won pecuniary advantage was acquired.

Summary of Evidence

1. Defendant's legal statement;

1. The submission of a reply to a warrant of search and seizure inspection, a general list of seized objects, a list of crimes (1) 18 - 65 - the submission of relevant data; 1. The investigation report (the result of the verification of search and seizure warrant data reply, the confirmation of the victim, the result of e-mail search and seizure, and intellectual property contact

In relation to the location analysis, the analysis of the place of IP access, etc.

1. Previous records: Defendant's statement in court, copy of the judgment, and report on the date of expiration of the term of punishment;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 70 (1) 6 of the Specialized Credit Finance Business Act, and Article 347-2 of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

1. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

1. Number of persons;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The same punishment as the order shall be determined in consideration of the fact that a repeated crime is committed during the period of the same crime.

Judges

Judges Kim Jong-hwan

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