logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.22 2017고정1645
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 2016, the Defendant called the victim C at a closed spot and made a computer hacking program such as a line, which is an expert for piracy.

It is intended to create a computer hacking program that can see the other party's plaque in the online card game "m-line game" at the face of the KRW 10 million.

The phrase “ makes a false statement.”

However, in fact, the defendant did not work together with a ship that created hacking programs, and even if he received money from the injured party, he did not have an intention or ability to create a computer hacking program.

Ultimately, on June 19, 2016, the Defendant: (a) around 19, 201, up to one million won with the Saemaul Treasury Account (Serial D) in the name of the Defendant; and (b) the same year.

8.1. On January 1, 200, KRW 2 million, KRW 3 million around the same month, KRW 400,000 around the same month, KRW 400,000 around the 15th day of the same month, and KRW 2.6 million around the 18th day of the same month, received a total of KRW 9 million.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Account remittance details, new information, reverse transmission records, account transaction details, program files (the defendant and his/her defense counsel did not have any intention to obtain fraud against the defendant;

However, at the time, the Defendant had no particular property, while the Defendant had a liability of approximately KRW 1.30 million, and the program that was interrupted in the course of the Defendant’s preemptive production is not a hacking program but a private teaching institute operation and management program (the program file, the attached CD defense counsel) but a private teaching institute operation and management program (the program file and the program that the Defendant’s preemptive distribution was made is a “E” file, other than the program that was made by the Defendant. However, according to the content of the above file, it seems that the program is merely a “F” private teaching institute operation and management program and that is irrelevant to the hacking program.

However, the above argument is without merit.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

arrow