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(영문) 서울북부지방법원 2020.11.20 2020고정1322
컴퓨터등사용사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was a person who operated a mobile phone sales business in Nowon-gu in Seoul Special Metropolitan City, and the victim D (the age of 36) came to know through the open hosting room in Kakakaoo, and the Defendant was in custody of the victim’s cell phone (E) in the above C around June 3, 2019.

On June 12, 2019, the Defendant purchased goods by accessing the victim’s mobile phone at a place where the victim’s cell phone is unknown, and at a place where the place is unknown on June 12, 2019, “F” shopping mall, and without authority, made small payment equivalent to KRW 114,390 as the victim’s cell phone by inputting the victim’s personal information and the certification number transmitted to the victim’s cell phone without authority. From that time to that time, the Defendant collected the amount of KRW 934,950 in total on eight occasions from the 18th day of the same month, as indicated in the attached list of crimes.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to the investigation report by the police on the statement of partial police to G (Submission of the details of charges, such as the complainant and the details of small-sum settlement);

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

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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