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(영문) 서울중앙지방법원 2018.10.19 2018고단5177

여신전문금융업법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 1, 2016, the Defendant conspired to purchase forged credit cards in return for the payment of the purchase price, and to send purchased goods to Malaysia through international selection service, etc., on June 1, 2016.

Accordingly, the Defendant, on September 20, 2017, entered the Republic of Korea with multiple heads of forged credit cards, and entered the Republic of Korea on the same day in accordance with the direction of “C”, and transferred to a store, and acquired forged credit cards (credit card number:BS number): (a) and offered the forged credit cards to an employee under the name of the store as if he/she were genuine credit cards; and (b) received goods equivalent to KRW 9,312,00,00 from an employee and then sent them to an international door-to-door service; and (c) received goods equivalent to KRW 9,312,00 from the employee to September 22, 2017, in collusion with “C” as stated in the attached list of crimes, and acquired and used the forged credit cards at least nine times in total,47,932,500 won and used the forged credit cards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. WU, BV, W,X, and BY's written confirmations and confirmations of BY;

1. Application of each Act and subordinate statutes on cards cards;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 ( point of fraud) of the Criminal Act, Article 70(1)2 and 70(6) of the Act on Financial Business Specializing in Credit, Article 30 (a) of the Criminal Act, Article 30 (a) of the Criminal Act, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing guidelines [the scope of the recommended punishment] of the category 1 (less than KRW 100 million) (one year to two years) of the aggravated area (one year and six months) [the specially aggravated person] of a large number of unspecified victims or multiple victims, or repeatedly commits a crime during a considerable period of time, the sentencing guidelines are not set for the violation of the Act on the Financial Business Specializing in Credit Business.