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(영문) 창원지방법원 2020.12.23 2020고단3035
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 20, 2018, the Defendant purchased virtual currency from the victim C at the office of the victim Kimhae-si, 2018, as follows: “I would like to purchase virtual currency by creating a personal account in the name of the party at the “D” website, a virtual currency transaction company, i.e., a virtual currency transaction company,” and 25 million won received from the victim after opening the victim’s account at the D Internet website.

The Defendant opened the above website and opened the victim’s virtual currency to the Defendant’s account by using the victim’s ID and password without authority on March 20, 2019, and transferred the victim’s virtual currency kept in the above account to the Defendant’s account without authority.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C’s closure photographs, copies of bankbooks, records of transactions, and E entry and exit details to each written statement by the prosecution;

1. Relevant Article 347-2 of the Criminal Act and the choice of penalty for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria (the determination of types) shall be the basic area of less than KRW 100 million (the scope of recommendations) and six months to one year and six months;

2. A decision-making victim has only granted the Defendant the authority related to the purchase of virtual currency, and did not grant the authority related to the disposal of virtual currency.

Nevertheless, the defendant arbitrarily transferred the virtual currency of the victim to the defendant's account using the ID and password of the victim's account, and exchanged it in the electronic currency exchange.

The details and details of the instant crime, and the crime.

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