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(영문) 대전지방법원 2015.04.08 2014고단4236
사기미수등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 21, 2011, the Defendant was sentenced to imprisonment for a violation of the Specialized Credit Financial Business Act at the Incheon District Court on January 21, 201, and the execution of the sentence was completed in the Daejeon Prison on September 13, 2013.

On August 22, 2014, the Defendant was sentenced to three years of imprisonment with labor for a violation of the Specialized Credit Financial Business Act at the Daejeon District Court, and the judgment was finalized on December 3, 2014.

1. On May 1, 2014, the Defendant violated the Specialized Credit Financial Business Act: (a) received a request from a person without his/her name (one name C) to reproduce and request a credit card from a person on his/her own at the plaza near Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, and (b) on June 18, 2014, entered D’s credit card information entered in advance into Nowon-gu, Nowon-gu, Daejeon-dong, into another credit card with his/her own business-related taxi, and made it arbitrarily under the name of D, by entering D’s credit card information into Nowon-gu, in order to make it available to another credit card.

Accordingly, the Defendant conspiredd with the above-mentioned person with a false name and forged a credit card.

2. Attempted fraud and the Defendant in violation of the Specialized Credit Financial Business Act: (a) upon receipt of a request to purchase precious metal with a credit card reproduced by the above party’s name in return for the request; (b) on June 18, 2014, the Defendant presented the forged credit card to the victim G, which was operated by the said party G, on the 12:52 on June 18, 2014 by the said party; and (c) as if he paid the precious metal with normal credit card, the Defendant presented the forged credit card under the name of the victim G, as stated in the above paragraph (1) and presented it to the victim, and even though he did not prepare sales slips and settlement approval to purchase one 100,000 won net gold bullion at the market price from the victim’s place, it was not possible for the victim to demand his identification card to do so.

Thus, the defendant, in collusion with his name-free winners, used forged credit cards and by deceiving the victim, received property but failed to receive property.

Summary of Evidence

1. The defendant;

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