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(영문) 광주지방법원순천지원 2020.12.09 2020고단1713
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From January 19, 2020 to January 24, 2020, the Defendant: (a) around 14:19 on January 19, 2020, at the victim C’s residence located in Gangseo-gu Seoul Metropolitan Government, entered the password known in advance to other victim’s cell phones while living together with the victim; (b) entered the victim’s date of birth and telephone number by accessing the victim’s cell phone; and (c) paid a small amount of KRW 50,000 by entering the certification number transmitted by text messages to the victim’s cell phone; and (d) around that time, from January 24, 2020 to January 14:01, 2020, the Defendant settled the total amount of KRW 600,000 over 12 occasions, as shown in attached Form 1 list of crimes.

Accordingly, the defendant acquired economic benefits of 600,000 won by inputting information into a computer or any other information processing device without authority.

2. The Defendant committed the crime of January 29, 2020, around 07:48, 2020, while residing together with the victim C at the residence of the victim in Gangseo-gu Seoul Metropolitan Government, the Defendant entered the gap in which the victim’s attention was neglected, with the cell phone of another victim, into the “caro Bank” case, and remitted 50,000 won from the victim’s name Kao Bank Account (E) to the Defendant’s new bank account (F). From around that time to 12:50 on the same day, the Defendant transferred KRW 2,00,000,000 to 11 as shown in the attached list 2 of crime inundation from that time.

Accordingly, the defendant acquired economic benefits of 2 million won by inputting information into a computer or any other information processing device without authority.

Summary of Evidence

1. The police's statement of the defendant C on his/her legal statement, reply to the police's provision of information, and application of each transfer certificate

1. Article 347-2 of the Criminal Act, the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act among the concurrent crimes subject to the applicable law and the choice of punishment;

1. Suspension of execution;

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