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(영문) 서울동부지방법원 2013.06.26 2013고단631
주민등록법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

1. Around June 2011, the Defendant, at the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, was a member of the Victim C’s resident registration number (www.hyundahmall.com) operated by Hyundai Home Shopping, and used another person’s resident registration number by joining a total of 448 resident registration numbers, such as the list of crimes, from around that time to December 2012.

2. The Defendant, at the above date and place, entered the victim Hyundai Home Shopping Co., Ltd.’s “www.hyundahmall.com” in the Plaintiff’s resident registration number and received a deposit of KRW 1,000 in the name of C, and received financial benefits equivalent to the amount of the said money by converting it to “c” and paying it to the Defendant. From around that time to December 294, 2012, the Defendant obtained financial benefits equivalent to the amount of KRW 18,020,080 in total from around 12,294 to the information processing device, such as a computer, without authority, and processed information.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the E substitute part);

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to the investigation report (Attachment 1);

1. Article 37 subparag. 10 of the Resident Registration Act (the illegal use of each resident registration number at the time of the market) and Article 347-2 of the Criminal Act (the fraud by use of each computer at the time of the market) concerning facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the fact that the defendant deposited KRW 10 million for the victim, that there is no benefit from the criminal act in this case, that there is no other criminal record, except that the defendant was sentenced to a fine due to the same act during the period of the criminal act in this case, and that there is no benefit from the criminal act in this case;

1. The order of the community service order is issued for the reasons of more than Article 62-2 of the Criminal Act;

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