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(영문) 대구지방법원 2015.06.05 2015노38
컴퓨터등사용사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal reveals Defendant B’s credit card number, password, CVC number, effective period, and resident registration number in the name of the victim G transferred by the victim G, and Defendant A purchased game items and cultural product rights on October 9, 2012 using the above credit card information and paid a reasonable amount of money to Defendant B in return for the instant crime, there is credibility, and H’s statement that Defendant B received money from Defendant A and paid the said money to Defendant B in return for the instant crime. Thus, the Defendants conspired to act on October 4, 2012 and processed information by making the data processed without authority by entering the information into the data processing system, such as computer, etc. on a total amount of KRW 6,778,250, and it can be sufficiently recognized that the Defendants acquired property benefits equivalent to the said amount, but the lower court erred by misapprehending the part of the facts charged against Defendant A, which affected the conclusion of the judgment, and thus, found Defendant B guilty of the facts charged as to the facts charged.

2. Determination

A. After receiving a request from the victim G to obtain a loan by using a credit card through F, Defendant B sent the victim’s intent to use the credit card. Defendant B responded to this request, and Defendant B sent the victim’s intent to use the credit card. Defendant B sent the victim’s name to the victim. Defendant B sent the Nong Card, National Bank Card, lot card, modern card, card number, serial number, CVC number, validity period, and the victim’s resident registration number to the victim.

However, the victim will not receive a loan after the change of mind.

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