Text
1. The defendant shall be punished by a fine of 500,000 won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal power] On October 16, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of ten months in the Incheon District Court’s imprisonment for fraud, etc., and the judgment became final and conclusive on October 20, 2014.
【Criminal Facts】
No person shall acquire any proprietary benefits by making any data processed after inputting a false information or improper order, or inputting or altering the data without any authority into the data processor, such as computer, etc.
그럼에도 불구하고, 피고인은 휴대전화 B을 이용 2014. 4. 18 19:23 - 4.18 20:03 사이 불상의 방법으로 취득한 인증번호를 인터넷 넥슨 사이트에 권한 없이 입력하여 8회에 걸쳐 총 300,000원을 결제하고 그 대금을 피해자 C에게 지불하도록 하여 재산상 이익을 취득하였다.
Summary of Evidence
1. A protocol concerning the police interrogation of the accused;
1. A protocol concerning the examination of suspect by the police against C or D;
1. A petition and accompanying documents;
1. Before ruling: Application of a certified copy of the judgment, and the result of case search;
1. Article 347 (1) of the Criminal Act is clear that the phrase “Article 347 (1) of the Criminal Act” as stated in the applicable provisions of the indictment in relation to criminal facts and the selection of punishment is a clerical error.
(Selection of Fine)
1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).
1. The fact that a judgment of reason for sentencing under Article 334(1) of the Criminal Procedure Act, etc. of the provisional payment order, and concurrent crimes under the latter part of Article 37 of the Criminal Act, should be judged at the same time in consideration of the case of being tried and equity, and all other circumstances revealed in pleadings, such as the defendant's age, character and conduct, environment, circumstances surrounding the crime, and circumstances after the crime