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(영문) 서울북부지방법원 2019.07.24 2018고단5397
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

On November 30, 2017, the Defendant was sentenced to 10 months of imprisonment with prison labor and 300,000 won for fraud by using computers, etc. at the Incheon District Court on April 26, 2018, and was released at the Incheon Detention House on June 19, 2018, and the judgment became final and conclusive on June 19, 2018, and the execution of the sentence was terminated on the same day. On April 5, 2019, the Seoul Northern District Court sentenced one year and two months of imprisonment with prison labor for fraud by using computers, etc. at the Seoul Northern District Court on May 30, 2019.

around 1:52 on September 26, 2018, the Defendant: (a) taken aboard a taxi operated by a victim C in an irregular place in Seoul and below Seoul on September 26, 2018; and (b) taken a mobile phone from the victim by stating that “the victim was unable to reach his/her family, but he/she was unaware of the correct place, and the distribution of his/her used mobile phone is leaked; (b) he/she sent a text message and immediately returned the text message if he/she was temporarily lent his/her mobile phone; and (c) taken a mobile phone from the victim by entering the mobile phone payment information in an amount of 1.50,000 won by accessing the mobile phone in the victim’s name, and purchased a mobile product right of KRW 1.50,000 won, and used the said mobile product merchandise coupon by registering the fin number on the Internet website.

Accordingly, the defendant, without authority, entered information into a computer or any other information processing device and processed data, thereby acquiring financial benefits of 1.50,000 won.

around 16:05 on October 5, 2018, the Defendant, “2019 Man-Ma346”, on the part of the victim B’s taxi in an irregular place located in Seoul (hereinafter referred to as Seoul) and, on the part of the victim, the victim was boarding the taxi in the victim B’s operation, and the victim was unable to use the taxi due to the accurate location and the distribution of the mobile phone used. If Nim’s mobile phone was temporarily lent, the text message will be sent and returned immediately.” On the part of Nim’s mobile phone, the Defendant received a mobile phone from the victim by sending the text message from the victim’s cell phone, and without authority by accessing the mobile phone in the victim’s name.

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