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(영문) 의정부지방법원 2019.10.31 2019고단3008
컴퓨터등사용사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 22, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Information and Communications Network Infringement, etc.) at the Changwon District Court, and the execution of the sentence was terminated on July 6, 2016.

On June 2018, the Defendant posted a notice that the Victim CG sold F Game Account “CH” on the L site, and confirmed the character before purchasing the account to the victim, and then identified the F Game Account’s identification number from the victim that he would deposit the money.

As above, the Defendant merely obtained the victim’s authority to confirm an item within the victim’s above account and did not obtain the victim’s authority to access another account or to transfer an item within the said account to the victim’s other accounts by using a disposable password identified by the victim, and transferred game items, such as CJ, CK, CL, and CM, which are equivalent to KRW 20 million at the market price of the victim’s other accounts (CI) by using the victim’s identification number.

Accordingly, the defendant acquired economic benefits by inputting and altering information without authority to the information processing device, such as computer, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning CG;

1. The list of goods and a conversation;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Relevant Articles of the Criminal Act and Articles 347-2 of the Criminal Act concerning the crime;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 35 of the Criminal Act, the fact that the defendant is disqualified from the suspension of execution, and other conditions of the sentencing recorded in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

The case is that there are many kinds of criminal records, and the same crime is repeated during the period of repeated crime.

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