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(영문) 대구지방법원 2018.06.26 2018고단1202
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Each request for compensation order shall be dismissed by an applicant.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the Suwon prison method, and the execution of the sentence was terminated at the Suwon detention center on May 29, 2017.

"2018 Highest 1202"

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information shall intrude into an information and communications network without legitimate access authority or beyond the allowed access authority, and shall damage another person's information processed, stored or transmitted through the information and communications network;

Nevertheless, around October 20, 2017, the Defendant posted a letter stating that “I will foster the character of the Nice Game at free of charge” on the Internet homepage at the PC room located in Suwon-si, Gyeonggi-do. The Defendant’s access to the victim’s Nuri-si, and discovered the ID and password of the victim’s Nice Account from the victim D who visited the victim, and damaged the victim’s information stored in the information and communications network by accessing the victim’s Nice Account (E) around 21:50 of the same month with access to the victim’s Nice Account (E) around 25:21:50 of the same month.

2. On November 20, 2017, the Defendant made a false statement to the victim G from the Gyeonggi-do Suwon-si Building F of Suwon-si, Gyeonggi-do, to the mobile phone, stating that the Defendant would send KRW 120 million to the game money or KRW 120 million if he/she remitted KRW 400,000 to the victim G.

However, there was no intention or ability to send the said game money even if the Defendant did not have the said game money and received money from the injured party.

As such, the Defendant, by deceiving the victim, received 40,000 won from the victim of the game money in the name of H, the obligee for the payment of the Defendant’s game money, from the victim, and received 40,000 won from the victim to November 25, 200, as shown in attached Table 1, from the time of the transfer to November 25 of the same year.

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