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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1153
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On April 18, 2019, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny and 2 years of suspended execution for a branch court of the Incheon District Court on April 18, 2019 and the judgment became final and conclusive on April 26, 2019.

【Criminal Facts】

1. Crimes against the victim B;

A. A. Around July 2, 2018, the Defendant used computers, etc.: (a) connected the victim’s home, which is the location of the C Apartment D, by using the victim’s cell phone number E; (b) purchased the Internet game website “F”; (c) made a small payment of KRW 300,000,000 on three occasions; and (d) continuously transferred the said game money to the account “G” in the name of the Defendant.

As a result, the Defendant obtained financial benefits equivalent to the above small-sum settlement money by inputting information into the information processing device, such as computer, without authority, so that it can be settled by small-sum payment as above.

(b) No person violating the Act on Promotion of Information and Communications Network Utilization and Information Protection shall intrude on information networks.

Nevertheless, the Defendant had access to F using the victim's cell phone number and the victim's ID at the above time and at the above location, and settled a total of KRW 300,000,000.

Accordingly, the Defendant infringed on the information and communication network without access authority.

2. Crimes against victims I;

A. On October 16, 2018, the Defendant used computers, etc.: (a) around 23:40 on October 16, 2018, the Defendant lost a mobile phone in the K K K K K K K K K K K K K K-si’s operation, and (b) obtained one cell phone unit from the victim’s cell phone number L from the victim, and connected the Internet game site “M” with the victim’s cell phone using the victim’s cell phone at around 00:04 on the 17th day of the same month; and (c) applied for a small-sum settlement of KRW 500,000,000 in the name of the victim “N account creation and then file an application for the settlement of small-sum settlement commission.”

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