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(영문) 인천지방법원 2019.11.29 2019고정1861
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant and B used the cellular phone devices of the victim C who made a pro-Japanese job in order to raise money by making a small-sum settlement using the cell phone devices of the victim who made a pro-Japanese job, and by making a small-sum settlement statement that receives a return of part of the money in cash.

1. The crime of June 15, 2017, Defendant B, and Defendant B, on the street in front of Dong-gu Incheon Metropolitan City, on June 15, 2017, borrowed a mobile phone device from the victim to the victim to the effect that “Handphone loan service provider.” On the part of the victim, Defendant B entered the certification number, etc. related to small-sum settlement into the victim’s mobile phone machine, and obtained financial benefits equivalent to 50,000 won by paying the victim’s small-sum settlement amount without authority.

2. On June 16, 2017, Defendant B and Defendant B continued to pay a small amount of KRW 500,000 by entering the certification number, etc. related to small-amount settlement in the victim’s cell phone machine without authority, and continuously obtaining pecuniary benefits equivalent to the said amount by paying the small amount of KRW 500,000 in the victim’s residence of the F apartment G on June 16, 2017.

As a result, the Defendants conspired to input economic benefits by making data processed by inputting the information without authority in the data processing system such as computer, etc. on more than one occasion.

Summary of Evidence

1. Each police interrogation protocol on the accused and B;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on the settlement of small amounts and H dialogues;

1. Relevant Articles 347-2 and 30 of the Criminal Act and the choice of a fine for a crime;

1. Computer, etc. of June 16, 2017, which is heavier than the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes.

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