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(영문) 서울남부지방법원 2013.06.13 2013고단1174
컴퓨터등사용사기
Text

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

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

Reasons

Punishment of the crime

When the Defendant became aware of card information including the card number, effective period, CVC number, etc. of the victimized company’s card in the planning and management division of the victimized company B, the Defendant acquired financial benefits equivalent to the above amount by entering the card information of the victim’s name in the Internet net line website and settling it through the data processing without authority at the victim’s office located in Yeongdeungpo-gu Seoul Metropolitan Government around December 6, 201, the Defendant acquired financial benefits equivalent to 26,728,600 won in total by entering the credit card information of the victim’s name in the payment page of the above site from around the time to June 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes of each internal investigation report and investigation report;

1. Relevant Articles 347-2 of the Criminal Act concerning the facts constituting the crime;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act - Reduction: Reduction of punishment or a case where damage has been recovered from considerable amount of punishment (the scope of recommending punishment : fraud, general fraud, and the area of mitigation of less than KRW 100 million) [the scope of recommending punishment] One month or one year (the area of mitigation of less than KRW 100 million] [the decision of sentence] imprisonment for eight months, suspension of execution 2 years, community service order 120 hours (the fact that there is no criminal punishment power, the fact that there is no criminal punishment power, the fact that the victim does not want punishment due to the recovery of damage, and considering the unfavorable circumstances that do not seem to be seriously reflect in the investigation

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