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(영문) 대구지방법원 서부지원 2016.04.29 2016고단560
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Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

T SK Telecom, which provides smartphone users with smartphones, does not require a password when purchasing mobile cultural merchandise coupons, etc., and can be easily settled by using a mobile phone of another person.

Using these facts, the Defendant leased a mobile phone from another person to purchase mobile cultural merchandise coupons, etc. by accessing T Stop gift certificates, etc., and used them to sell fin numbers such as mobile cultural merchandise coupons, etc. at the Internet item trading site, such as item sales, and to receive the refund of the sales proceeds.

On December 6, 2015, the Defendant: “D,” located in Seogugu, Daegu, called “D”, “A” to the victim E, and obtained a pecuniary benefit equivalent to the amount of KRW 50,000,00 from the victim’s information usage fee, by using a smartphone from the victim’s damage who opened a smartphone to the victim T-to-so-so-so-so-so-so-so-so-so-so-called “D” bank. The Defendant obtained information processing to pay KRW 50,000,000 for the victim’s information usage fee.

In addition, the Defendant acquired 600,000 won in total over 15 times from December 6, 2015 to December 17, 2015, as indicated in the crime sight table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. The grounds for sentencing under Article 347-2 of the relevant Article of the Criminal Act (Optional to Imprisonment) on September 22, 2015 for criminal facts are as follows: (a) a person was sentenced to a suspended sentence of two years on September 22, 2015; and (b) a person committed the instant crime under the suspended sentence of two years; (c) and (d) a person was sentenced to imprisonment; (d) a person was not significant in the amount of damage; and (e) a person was yet aged 20

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