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(영문) 창원지방법원 2019.02.14 2018고단3212
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2017, the Defendant discovered, at the office of the meeting of virtual currency investors located in Busan Dong-gu, Busan, the main text of this paper, describing the ID and password of the victim C's D (Virtual currency) account, and used it, in order to transfer the victim's virtual currency to his E-mail by accessing the victim's computers in the future.

On October 23, 2017, the Defendant visited D, using his own e-mail computer, using the victim’s account and password, without authority, using the victim’s e-mail address and sent a certification number necessary for virtual currency transfer to his e-mail address. On October 24, 2017, the Defendant transferred 1.0897 bitco, which was under custody on the victim’s e-mail, to his e-mail. On October 24, 2017, the Defendant sent 24,470.5390 bitco, which was under custody on the victim’s e-mail, by exchanging the victim’s e-mail address with his e-mail address, and transferred to his e-mail.

Accordingly, the defendant obtained financial benefits equivalent to the above Bitcoin and Dcoin by inputting or altering the data of the victim without authority into the data processing system on two occasions, such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, C, G, and H

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing following the suspended sentence) is that the defendant confessions himself and repents his wrong depth, it appears that the amount of damage from the crime of this case is not significant, that the victim and the defendant have agreed smoothly, and that the defendant has reached an agreement with the victim.

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