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(영문) 대전지방법원 2020.12.16 2020고단3588
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"200 Highest 3588"

1. On August 15, 2020, on August 20, 2020, the Defendant: (a) obtained C credit cards lost by the victim B in front of the Daejeon Complex, as Dong-gu, Daejeon, Daejeon, 1689; (b) but did not take necessary procedures, such as returning them to the victim; and (c) carried on his thought he had to have.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On August 17, 2020, at around 04:39, the Defendant violated the Computer, etc. Fraud and Specialized Credit Financial Business Act: (a) settled a sum of KRW 232,000 with the above credit card through 12 times during the period from the date of the following crime to 05:39,000, when he first pays KRW 10,000 for the PC bank installed at the “EPC bank” operated by the victim’s name in the Dong-gu Daejeon Special Metropolitan City, Daejeon Specialized Credit Card; and (b) pays the amount by inserting the PC credit card acquired as stated in paragraph (1).

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device, and used the lost credit card B.

3. On August 17, 2020, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) purchased goods of an amount equivalent to KRW 2,000 in the market price at the G convenience store operated by the victim’s name in the Dong-gu Daejeon-gu Seoul Special Metropolitan City, Daejeon, as if he were the legitimate holder of the B’s credit card acquired as referred to in paragraph (1); (b) paid the amount of goods by presenting the said credit card; (c) received goods from the said employee; and (d) received the goods from the said employee; and (e) from the day to 05:32 on the same day, by deceiving the victims on five occasions in all as described in the attached list of crimes (2) in the same manner, and was provided by the victims with the total amount of KRW 16,200.

In this respect, the defendant deceivings victims to take property.

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