logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.01.13 2013고정5821
컴퓨터등사용사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud by using computers, etc. at the Busan District Court on May 30, 2013, and the judgment became final and conclusive on October 31, 2013.

The Defendant conspiredd to sell items acquired by scambling in his name or mobile phone small-sum settlement fraud case (tentatively named type) and to divide profits into profits.

Defendant

On March 31, 2013, the name omittedist sent letters to the victim's mobile phone (B) including the fact that the victim's mobile phone (B) is "Maddol Free Cub," and the victim was automatically downloaded and installed in the victim's mobile phone if he/she takes advantage of URL link.

After all, the defendant, while conducting small-sum settlement work, sent text messages to the Internet game site "scam" by the victim's smartphone, he stored them in the smartphone camera, and operated to transmit the victim's mobile phone information to the overseas server along with the text messages to the overseas server.

The Defendant obtained the victim’s mobile phone information and payment approval number without the victim C’s consent in the above manner, and paid a total of KRW 300,000 to the “net” company on the Internet game site three times.

Accordingly, the defendant obtained economic benefits equivalent to the above amount by inputting information into the information processing device such as computer, etc. without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on investigation;

1. Previous convictions in judgment: Report, case search and application of Acts and subordinate statutes of the previous disposition and confirmation results;

1. Relevant Articles of the Criminal Act and Articles 347-2 and 30 of the Criminal Act concerning facts constituting a crime;

1. Handling concurrent crimes and exemption of punishment: The latter part of Article 37 and Article 39 (1) of the Criminal Act ( Taking into account the fact that the degree of damage is not substantial, and the principle of equity with the case that a judgment has become final and conclusive);

arrow