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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[criminal power] On June 8, 2018, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment was finalized on June 16, 2018.
【Criminal Facts】
On December 2, 2017, the Defendant: (a) was unable to identify the name known in “B”, which is a mobile mailer service (one-name “C”); (b) provided a forged credit card with D and Malaysia’s nationality E; (c) provided a forged credit card; (d) purchased goods using a forged credit card; (c) transferred goods to “C”; and (d) offered goods to receive money from purchase price.
1. On December 17, 2017, the Defendant violated the Specialized Credit Financial Business Act: (a) received seven copies of the credit card forged from F Hotel, E, and E, from the medium-gu Seoul Metropolitan City F Hotel; and (b) received instructions from “shotphones, cellphones, bags, etc.” from the store.
Accordingly, at around 11:22 of the same day, the Defendant purchased three mobile phone sales stores of “H” in Seoul Jung-gu, Seoul, the amount of KRW 3,090,600, from three mobile phone sales stores of “H”, and presented forged I Credit Card (J) to sales employees as if he were duly issued, and used forged Credit Card by signing sales slips. In addition, from 11:22 to 17:50 on the same day, the Defendant used forged Credit Card more than 14 times in total as shown in attached Table 1.
2. The Defendant, in collusion with “C”, D, and E, purchased the goods as above at the time and place specified in paragraph (1). The Defendant, even if purchasing the goods, did not have the intent or ability to pay the purchase price, presented a forged credit card as described in paragraph (1) to employees in the victim’s name-free store and used a genuine issued credit card.
As above, the Defendant deceivings the victim, and thereby deceivings the victim with an amount equivalent to KRW 3,090,60 from the victim.