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(영문) 서울남부지방법원 2017.10.25 2017고단4253
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 16, 2014, the Defendant was sentenced to one year of imprisonment by special larceny, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on June 24, 2015.

[Criminal facts]

1. From August 21, 2017, around 08:15 to 08:45 on August 21, 2017, the Defendant brought about KRW 10,00,00, KRW 554,00,00, at the convenience store for the victim D’s operation in Yeongdeungpo-gu Seoul Metropolitan Government, who was working as a part-time student.

Accordingly, the defendant stolen the victim's property equivalent to 571,50 won in total.

2. On August 21, 2017, the Defendant using a computer, etc.: at the same place as around 07:55 through 08:25, around 1, 2017, at around 07:25, the Defendant: (a) operated the settlement terminal (hereinafter referred to as “one-person”) that was established to claim the payment from the victim D without purchasing three pages of the former flacing card; (b) instead, the Defendant was aware of the bar code, etc.; and (c) charged the sum of KRW 1,50,000 in total, and KRW 30,00 in the said flacing card, and the sum of KRW 1,350,000 in the said flacing machine’s three heads in the said flacing machine card.

Accordingly, the defendant acquired financial benefits of 2,880,000 won in total by inputting information into a computer and other information processing device without authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the relationship of repeated crimes) statute;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of intention) and Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are disadvantageous to the reasons for sentencing: The person has been punished several times for the same crime.

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