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(영문) 서울중앙지방법원 2017.11.23 2017고단4598 (1)
사기미수등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

[2017 Highest 6099] On February 2, 2017, the Defendant offered a proposal to offer money from a mobile phone sales store operated by C, which is operated by C, B, 106, to open a credit card settlement terminal in the name of the Defendant. In response, the Defendant made the business entity called “D” in the name of the Defendant, and made the business entity’s registration certificate, the Defendant’s seal impression certificate, and his identification card, etc. enter the name of the credit card merchant into the name of the said company by having D, “D,” and had the said entity open one of the portable credit card settlement terminal in the name of the said company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Copies of seizure records, settlement terminals, and photographs of credit card terminals;

1. Application of investigation reports (verification of seized credit card settlement terminal stores)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts, Articles 70 (4) 6 and 19 (5) 4 of the Act on the Financial Business Specializing in Granting selective credits to a certain amount of punishment, the selection of fines (the confession and rebuttal of the defendant, the fact that the defendant is making a confession, the fact that there is no profit acquired, the status of health, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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