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(영문) 서울동부지방법원 2012.12.28 2012고단3055
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Under the premise, if the Korean entertainment establishments provide an employee with a credit card (debit card) in order to calculate the drinking price and notify the card password in order to make cash withdrawal from the cash withdrawal machine, C, which is a Chinese entertainmentman, deducted the credit card (debit card) number and card password from the entertainment drinking house employees, and forged the credit card (debit card) in an irregular way in China, and then delivered it to the Defendant located in Korea.

2. On September 15, 2012, the Defendant used a forged debit card on 14 occasions from September 15, 2012 to September 22:34, 2012 in the cash withdrawal machine established in Guro-gu Seoul Metropolitan City, Guro-gu 3 Dong community credit cooperatives, by inserting a false debit card (credit number F) linked to the account of a bank under the name of D (Account Number E) delivered by the above Sung-ro 3 Dong-gu Seoul Metropolitan Government, at the cash payment machine, and then withdrawing one million won in cash from D's bank account using a forged debit card by entering the password into the cash payment machine and then withdrawing one million won from D's bank account using it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A list of transactions by account;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Articles 329 of the Criminal Act concerning facts constituting an offense, and the choice of punishment, respectively, and Article 70 (1) 2 of the Specialized Credit Finance Business Act ( comprehensively and collectively, selection of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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