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(영문) 부산지방법원 동부지원 2019.11.27 2019고정575
컴퓨터등사용사기등
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

1. On March 10, 2019, the Defendant: (a) obtained one copy of the modern card (E) owned by the victim D, the victim of which was lost, in front of the Mar. 11:30, 2019, and did not take necessary procedures, such as returning it to the victim; and (b) embezzled the property that he/she left the possession of the victim, without taking necessary procedures.

2. On March 12, 2019, the Defendant violated the Use Fraud of Computer, etc. and the Specialized Credit Financial Business Act: (a) around 14:06, at the bus stops located in the Busan-gu Busan-gu Busan-gu bus market, entered information without authority by means of contact with the bus fare terminal as if the Defendant was a legitimate licensee; and (b) paid the bus fee of KRW 1,200,000 in total by 135 times until June 14, 2019, including the payment of the bus fee of KRW 162,00 in total.

Accordingly, the defendant acquired property benefits equivalent to 162,00 won by inputting information into a computer and other information processing device without authority, and used lost credit cards.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (the analysis of the details of cards and the submission of a card statement / card statement, such as site rents, / Blocing videos and photographs);

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of possessory stolens), Article 347-2 of the Criminal Act (including the fraud by use of computers, etc.), Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit cards, including the use of lost credit cards), and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That it shall not exceed the maximum amount of the punishments specified for each crime);

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

1. Article 62(1) of the Criminal Code of the suspended execution;

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