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(영문) 대구지방법원 김천지원 2015.05.07 2014고단1037
사기등
Text

[Defendant A] The Defendant is not guilty (Defendant B) and is punished by a fine not exceeding two million won.

The above fine shall not be paid.

Reasons

On September 1, 2014, at around 09:40 on September 1, 2014, the Defendant: (a) requested that “Franchisive” office of the Defendant’s operation of the 3rd floor of the Gu-U.S. Si, Si-S., “the Franchis office,” from G, a single customer, provide money in the manner of purchasing false goods, settling cards, and receiving cash return; (b) called the “Ima” operated by his wife H, and requested that “A, an employee of the said place, “A” pay KRW 1,00,000,000,000 to the above G, and around 10:25,000 on the same day, the Defendant paid KRW 1,00 to the above G with the Korean credit card bank in the name of J, and issued KRW 80,000 in return for the said G’s cash card again at around 10:25,000 on the same day.

Accordingly, the defendant provided funds to the above G by pretending the sale of goods.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutors' offices and third police suspect interrogation protocol concerning G;

1. Application of Acts and subordinate statutes on sales of credit cards;

1. Relevant legal provisions concerning criminal facts: Selection of a fine and fine under Article 70 (2) 2 (a) of the Specialized Credit Finance Business Act (including the circumstances leading to criminal conduct, the profits acquired at the time of committing the crime and the final loss from G, family relationship, military service relationship, and the fact that his mistake is shared, when committing the crime alternatively);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. At around 09:40 on September 1, 2014, the facts charged No. B asked G to the effect that “a request is made to make money in a way that makes a false purchase of goods and makes payments by means of using a card and receiving cash return,” and asked the Defendant, who is an employee of the place, to use “Ima” operated by one’s wife H, to use the “Ima”, and to use it as “a flive and flive flive flive flive flive flive flive flive flive fl.”

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