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(영문) 대구지방법원 의성지원 2019.01.10 2018고정65
컴퓨터등사용사기등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 20, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Daejeon District Court on July 20, 2017, and the judgment became final and conclusive on February 23, 2018.

1. On December 1, 2016, the Defendant: (a) sent the victim B to his/her family members in front of the cell of “Yandong Police Station” located in the Dongdong-gu, Busan, Busan, to his/her name, and (b) received one set of so-called “so-called 70,000,000 won for ggal gallon,” which is equivalent to the market value.

While the defendant kept the above mobile phone for the victim, he embezzled it by using the game, etc. without arbitrarily delivering it to the victim's family members.

2. On November 15, 2016, the Defendant: (a) entered, without authority, the victim’s C Account ID and password prior to borrowing a mobile phone from the victim B; (b) made a small payment of the amount equivalent to KRW 99,000 from around that time to January 2, 2017, the Defendant made a small payment of KRW 1,10,000 in total over 21 times, as shown in the list of crimes in the attached Table, at a place where it is unknown; and (c) made a small payment of KRW 1,10,000,000 in total, as indicated in the list of crimes.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Submission of the details of small-amount settlement) and the details of requests by account;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, results confirmation reports, and the application of Acts and subordinate statutes;

1. Relevant Article 347-2 of the Criminal Act and Article 347-2 of the Criminal Act, Article 355 (1) of the Criminal Act and the selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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