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(영문) 수원지방법원 안양지원 2015.06.19 2015고단532
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A thief: (a) around 02:00 on November 13, 2014, the Defendant: (b) committed theft with S3 smartphones while galloning S3 smartphones in the market value of the victim’s ownership, where the victim AA was locked and neglected surveillance.

2. On 04:36 on the same day as the preceding paragraph, the Defendant purchased online coophones worth KRW 1.40,000 through a mobile phone small payment method using the aforementioned smartphones, which were stolen, to the “Ttotop” market, and all of the mobile merchandise coupons including KRW 5,000,000,000 via eight times.

As a result, the Defendant entered information into a mobile phone, which is an information processing unit, and made the data processing process, thereby acquiring property benefits equivalent to 140,000 won in total at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on details of small-sum settlement;

1. Relevant Article 329 of the Criminal Act and Articles 347-2 of the Criminal Act (the point of larceny and the choice of imprisonment with prison labor) concerning criminal facts;

1. From among concurrent crimes, there is no recovery of damage, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that two times prior criminal records of larceny have been committed during the last two years.

On the other hand, there is room to regard it as a living type crime, and there is no significant amount of damage, and there is no criminal record of probation or more.

Comprehensively taking account of these circumstances, the sentence as ordered shall be determined.

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