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(영문) 광주지방법원 해남지원 2019.10.31 2019고단311
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 3, 2018, the Defendant: (a) decided to transfer an account opened as “D” in the name of online game C to the victim E; (b) received KRW 12 million from the victim to the F Association account in the name of the Defendant; and (c) transferred the said online game account to the victim.

Nevertheless, around October 31, 2018, the Defendant, at the Defendant’s residence located in Dondonam-gun G, had no access authority to the said transferred account, intruded into the account by means of obtaining the identity authentication from the game company B without authority, thereby blocking the victim’s access to the account, thereby allowing the data processor to enter and change the information without authority, thereby obtaining economic benefits equivalent to KRW 12 million at the market price.

2. On October 31, 2018, the Defendant obtained economic benefits equivalent to the same amount by inputting and altering information into the information processing device, such as computer, etc., without authority, by moving the item of KRW 5,660,000 in total market value to “I” in the name of the account under which the Defendant manages the victim E, as in the list of crimes attached hereto, in connection with the said game account, at the Defendant’s residence located in Dondo G, Jeonnam-do, and attaching the victim E, and by moving the item of KRW 33,00,000 to “I”, as in the list of crimes attached hereto.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The details of each account inquiry, each conversation, the details of connection, the details of currencies and letters, the details of remittances, each letter, the price inquiry, the damaged goods and the amount of damage, the information on subscribers to the C Game Account and the details of the movement of items;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347-2 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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