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(영문) 인천지방법원 2021.02.24 2020고단11082
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On July 4, 2020, the Defendant sold an account (D) holding “C” to “B” on an Internet game item transaction site at a place where around 14:00 to the Incheon or lower level is unknown.

“After posting the text “,” the victim E who reported it, received a remittance of KRW 1.7 million on the same day, and transferred the said account to the victim E.

On July 31, 2020, the Defendant continuously changed the password of the above account by certifying himself to the cell phone name of the Defendant. On August 1, 2020, around 13:10 on August 1, 2020, the Defendant transferred, without authority, the game items to the “fishing range”, a character to another account (H) in the name of the Defendant, which connects the above account to the above account without authority, at the place of residence of the Defendant of the F apartment G of Bupyeong-gu Incheon Metropolitan City.

As a result, the defendant, by inputting information without authority into a computer or any other information processing device, obtained economic benefits equivalent to the same amount.

Summary of Evidence

1. The provision of the police statement document to Defendant’s legal statement E and the provision of additional data to the victim is applied.

1. Relevant legal provisions and Article 347-2 of the Criminal Act on criminal facts and the choice of fines (i.e., fraud using computers, etc.): Selection of fines (in consideration of the amount of damage, however, not good form of crime; damage was not recovered; Defendant 20132014 was committed on two occasions, but the amount of fines shall be determined in consideration of the circumstances of recidivism, etc. committed by Defendant 2, 2013;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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