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(영문) 서울중앙지방법원 2017.06.28 2017고단3047
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, as a foreigner of Ghana’s nationality, was boarding the aircraft of the Republic of Korea’s nationality, intended to enter the forged credit card information issued by the Baerica company of the United States, etc. in the Magic line, and to purchase tax free goods in the flag using the Defendant’s English name “A”, respectively.

The Defendant, from January 29, 2016 to September 26, 2016, presented the forged credit card (credit card number:C) to the Incheon International Airport of the Republic of Korea (OZ102) as if it was a credit card normally issued in Asia or aircraft (OZ102), and received tax-free goods equivalent to KRW 1,359,540 from the crew, including the receipt of tax-free goods from the crew, and received tax-free goods totaling KRW 18,264,880 from January 29, 2016 to September 26, 2016 by using forged credit cards totaling 14 times.

In this respect, the defendant acquired another person's goods by using forged credit cards.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or E;

1. An investigation report (in this case, attempt to make a mother's reservation through the aviation homepage), an investigation report (verification of the issuer of a card sales slip on a suspect's possession), and an investigation report (verification of the intention to issue a credit card using a suspect and the reason for refusal);

1. Application of statutes on a copy of credit card sales slips;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for a crime, and Article 70(1)2 of the Act on Specialized Credit Financial Business (a point of fraud), and the choice of imprisonment with prison labor for each type of credit;

1. The records of this case, such as the following circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, under Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Code aggravated concurrent crimes.

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