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(영문) 부산지방법원 2016.05.26 2016고정670
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 17, 2015, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Protection of Defense from Busan High Court on September 17, 2015 and the said judgment became final and conclusive on November 27, 2015.

1. On June 27, 2012, the Defendant: (a) made use of the personal information of B at an insular location; (b) intended to subscribe to the Internet, wire telephone, and IPTV services; (c) called the “C” at the lower shop of the SK Bad Co., Ltd.; and (d) made the employees in the name of the location of the online, wire, telephone, and IPTV services available in the name of B using the computer; and (c) continued to transmit the electronic records to the SK Bad Co., Ltd.

Accordingly, the defendant made up electronic records on B's rights and obligations, which are private electronic records on B's name, for the purpose of facilitating the management of affairs, and exercised electronic records on B's application for subscription to online, wire, telephone, and IPTV services.

2. The Defendant applied for the purchase of Internet, wire, and IPTV services in the name of B, as described in paragraph 1, to employees in the name of the lower-tier store “C” in the victim SK Bad Bad Round at the same time and at the same place.

However, the defendant had no intention or ability to pay normally the user fee, etc. even if he/she uses the service by filing an application for joining the Internet, wire or IPTV service in B.

The Defendant received KRW 260,00,00 from the above SK Bad Co., Ltd. to the agricultural bank account (D) in the name of the Defendant, and received SK gift certificates equivalent to KRW 140,00 in the market value from June 28, 2012 to January 21, 2013. The Defendant received the Internet, wire, telephone, and IPTV services of KRW 1,15,670 in the amount of usage fees from June 28, 2012 to January 21, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Skbrode proof sources, a statement of unpaid charges, and family relation certificates.

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