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(영문) 서울남부지방법원 2017.02.03 2016고단6344
권리행사방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2016, the Defendant interfered with the exercise of rights: (a) received a request from the victim C to open or open a mobile phone; (b) opened a mobile phone with CAM-L32, the market price of which is equivalent to KRW 800,000 in the name of the Defendant; and (c) lent it to the victim.

On November 3, 2016, the Defendant lost a mobile phone from a victim of “E” singing room located in Jung-gu Seoul, Jung-gu, Seoul on November 3, 2016.

“To hear the phrase “,” and find a mobile phone, and acquire the aforementioned mobile phone from the stairs front of the singing and packing the said mobile phone, and did not return the said mobile phone to the victim, thereby hindering the victim’s exercise of rights by concealing the Defendant’s goods that have become the object of possession of the victim, and thereby obstructing the victim’s exercise of rights.

2. On November 3, 2016, the Defendant using a computer, etc.: (a) at the instant “E” singing room around 05:30 on November 3, 2016, the Defendant released KRW 100,000,000 from the said victim C “E”.

“At the request of the victim,” the victim was willing to withdraw cash or transfer the account in excess of the amount delegated by the victim by means of writing the post office cash card owned by the victim.

At around 05:49 on the same day, the Defendant entered the said cash card into an automatic cash payment machine located in the said singing room, withdrawn a password of KRW 600,000,000,000 from the victim’s own cash, and then paid KRW 500,000,000 from that time, and acquired the difference of KRW 50,000,000,000 from that time, until November 4, 2016, by inserting the said cash card into the automatic payment machine for five times as indicated in the list of crimes in the attached Table, and either withdrawing cash by entering the password or transferring the password to another person’s account, and then acquiring KRW 197,00,00 in cash in the victim’s possession by means of cash payment.

Accordingly, the defendant has a property interest by inputting information without authority into a computer or any other information processing device.

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