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(영문) 대구지방법원 2018.11.16 2017고단6805
컴퓨터등사용사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. From around 23:30 on September 27, 2016 to 02:25 on the following day, the Defendant stolen the victim’s “D” convenience points of the victim’s operation in Daegu Nam-gu, Daegu-gu, with cash of KRW 801,500, which is the victim’s ownership at the time of cash settlement between the victim who was engaged in part of the part-time work, and KRW 10,000, KRW 10,000, KRW 10,000, KRW 10,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, KRW 5,000, 00.

2. The Defendant used a computer and other information processing device without authority to charge the amount of KRW 500,000,000,000,000,000,000,000 in advance using the data charging device at the time and place stated in paragraph 1, and without authority, thereby obtaining pecuniary benefits equivalent to the said amount by entering information without authority into the data processing device, such as a computer.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to C;

1. The receipt for the payment period, and the application of the Acts and subordinate statutes on the receipts for filling the non-paid card;

1. Article 347-2 of the Criminal Act (the point of fraud by the use of computer) and Article 329 of the Criminal Act (the point of intention in Section 1) of the same Act on criminal facts;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes include the fact that the defendant was punished for the same kind of crime, the fact that the defendant was not able to receive a letter from the injured party, and other conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, motive for and circumstances after the crime, etc., shall be determined as ordered by the order.

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