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(영문) 창원지방법원 진주지원 2019.01.17 2018고정345
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On June 20, 2018, the Defendant received 50,000 won online cultural product right issued in E by means of entering the date of birth and cell phone number of the victim into the Internet cultural product right site E and transmitting a small-amount settlement approval number to sms of the victim, by making a mobile phone small payment settlement of 20,000 won and making data processed by inputting information into the data processing system, such as a computer, at around 22:18, the Defendant, at around 200, 2000 won.

2. On June 23, 2018, the Defendant: (a) around 01:46, at the CPC room located in the Hadong-dong-dong-gun B, the Defendant: (b) received a dry phone by having the victim F, who opened the game, leased the victim’s mobile phone; (c) by accessing the online merchandise coupon G, entering the victim’s date of birth and mobile phone number into the victim’s cell phone number; and (d) 4.4 million won of online cultural product right issued in E by transmitting the victim’s approval number for small-value payment to sms; and (e) obtained financial benefits of KRW 4.44 million under the pretext of the victim’s fees by making a mobile phone small payment settlement with the data processing system, such as a computer, without authority, by making the data input without authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to F and D;

1. Each report on damage;

1. Application of Acts and subordinate statutes on internal investigation reports (E warrant replies and identification of suspected victims);

1. Article 347-2 of the Criminal Act concerning the relevant criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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