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(영문) 서울중앙지방법원 2014.05.02 2014고정1369
사전자기록등위작등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 26, 2013, the Defendant: (a) connected the second floor data room of the Dobong Library, Dobong-ro, Dobong-gu, Seoul, to the Seoul Metropolitan Government’s Lifelong Learning Center and the Library’s website for the purpose of hindering the affairs of the Seoul Metropolitan Government’s lifelong learning center and the electronic library; (b) stated “B”, “C”, “C” and “C” in the name column of the member page of the said website; and (c) charactered the confirmation server at the bottom of the screen, and submitted the application for membership registration to the manager on the website.

Accordingly, the Defendant committed an application for membership of the Seoul Metropolitan Government Integrated Lifelong Learning Center/Library in the name of B, a prior recording of rights and obligations, and exercised it.

2. On February 19, 2013, the Defendant: (a) presented to a reading library located in Jongno-gu Seoul, Jongno-gu, Seoul, as set forth in paragraph (1) of the above paragraph, a book loan certificate issued by the Dobong Library by joining the Seoul integrated lifelong learning hall/library under B’s name; and (b) obtained a book loan certificate from the above public official in charge of lending money in name as if the Defendant was B; and (c) acquired it by defrauding it.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the details of requests for counter-payment of loan data;

1. Relevant Article 232-2 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 232-2 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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