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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 15, 2012, the Defendant was sentenced to one year of imprisonment for larceny, etc. in the Incheon District Court, and completed the execution of the sentence in the Seoul Southern Prison on June 15, 2013.
1. At night, around 05:00 on June 17, 2013, the Defendant discovered that the Defendant was diving by opening the victim’s TR A Dong 1712 of the building, namely, the victim’s residence in Nam-gu Incheon Metropolitan City, by opening a door to the front door. Through the opening door, the Defendant invaded the victim’s house and stolen the victim’s cash amounting to KRW 80,000,000,000,000,000,000,000 won, and one cell phone amounting to KRW 90,000,000,000,000,000,000.
2. On June 17, 2013, around 15:34, 2013, the Defendant: (a) obtained a stolen S’s mobile phone in Bupyeong-gu Incheon, U.S. from downloading mobile games using the mobile phone; (b) entered the certification number, etc. transmitted to S’s mobile phone without any intent or capacity to pay, and paid KRW 1,00,00, and received a service equivalent to the same amount from the Victim SK Telecom Co., Ltd.
From that time to June 18, 2013, the Defendant acquired financial benefits equivalent to 514,770 won in total over 101 times by inputting a certification number, etc. to a mobile phone, which is an information processing unit, without authority, as shown in attached Table 1, as in attached Table 1.
3. On June 17, 2013, the Defendant violated the Act on the Use of Computer, etc. and Resident Registration (hereinafter “Defendant”) from the PC room access to “Audio”, which is an Internet game site operated by the Victim, by using a computer, to enter the membership under the name of S, and enter and deny the S’s resident registration number using the stolen S’s resident registration certificate, as described in paragraph (1).