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(영문) 서울동부지방법원 2013.11.27 2013고단2016
컴퓨터등사용사기등
Text

Defendant

A Imprisonment of two years and six months, Defendant B's imprisonment of three years, Defendant D's imprisonment of six months, and Defendant E.

Reasons

Punishment of the crime

1. Defendant A and Defendant B found the fact that, while serving as an employee of “K” on the first floor of Songpa-gu Seoul Metropolitan Government J. J. J., the agency that entered into a contract for the sale of mobile phones and the consignment sale of mobile phones with the victim company (hereinafter “victim company”), Defendant A and Defendant B had the function of receiving and paying double payment charges in the victim company’s computer system, the legal interest is calculated if it is arbitrarily entered, and the legal interest can be refunded to the subscriber as the passbook.

Defendant

A and the above court conspiredd to acquire and divide property profits by using the passive payment function of funds, and Defendant B also directly employed the “M” corporation located in Gangdong-gu Seoul Metropolitan Government L around September 2012, and continued the above crime.

Defendant

A around September 26, 2011, at the above "K" mobile phone sales agency, access the victim company's computer system to the victim company's computer system and did not cause double payment of the telephone fee of the defendant B, as if there was double payment, the court entered the false amount into the 295,890 won of the statutory transfer fund, thereby causing the victim company to offset the unpaid payment amount of KRW 295,890 by the amount of the victim company's property profit equivalent to the same amount.

In addition, the Defendants conspired with each other from September 26, 201 to January 23, 2013, acquired a total of 81,913,460 won in property benefits in 21 times, as shown in the separate crime list (1).

2. Defendant A and D conspired to create, refund, and use the false statutory proceeds in the same manner as that of paragraph (1) and then Defendant A conspired to use them in the division. On August 29, 2011, Defendant A had access to the victim’s computer system at the “K” mobile phone sales agency and had access to the victim’s computer system and generated KRW 221,920 in the same way as that of paragraph (1).

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