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(영문) 광주지방법원 2018.05.03 2018고정343
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal history] On December 15, 2016, the Defendant was sentenced to six months of imprisonment and two years of suspended execution as a crime of violating the Road Traffic Act at the Gwangju District Court on December 15, 2016. The above judgment became final and conclusive on December 23, 2016.

[Criminal facts] The Defendant is a person who operates C Company.

The Defendant was aware that the proxy driving program called “D” operated by a person who filed a complaint due to the difficulties in the operation of the company could make a false substitute driving protocol, and was willing to acquire money by creating a false and later call.

Thus, from April 10, 2016 to July 23, 2016, the Defendant created a false substitute engineer called “F” using the Defendant’s resident number in the said substitute driving program using the computers installed in Seo-gu, Seo-gu, Gwangju, Gwangju, by falsely entering information time, completion time, charges, etc. in the information processing device, such as a computer, without authority, by falsely changing information and making data processed by using a false call for a total of 234 occasions, such as “Attachment List of Crimes”, and then, upon receiving a false call from the Defendant’s bank virtual account in the name of the Defendant at the Bank (H) account in the name of the Defendant at KRW 23,480,00, the Defendant acquired financial profits equivalent to that amount by receiving KRW 23,480,00 from the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Investigation Report - Additional Statements made by the complainants

1. Data to be submitted by complainants;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment);

1. Relevant Article 347-2 of the Criminal Act and the choice of a fine for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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