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(영문) 서울중앙지방법원 2013.07.12 2013고단2421
사기등
Text

Defendant

A Imprisonment with prison labor for a period of two years and six months, each of the defendants B and C shall be punished by imprisonment for a period of one year and six months.

The seizure of articles 1 to 1.

Reasons

(b) have exercised forged private documents;

4. On April 17, 2013, Defendant C purchased goods equivalent to KRW 1,715,00, as indicated in the [Attachment Table 1] No. 15] at L stores in the above lot department L stores on April 17, 2013, Defendant C used a forged private document by presenting a false identification card to an employee who is unaware of the fact, as if the identification card was actually issued to the Defendant in the issuance of the government of Singapore issued by the store employees who were requested to verify the identification card by the store employees.

Summary of Evidence

1. Each legal statement of the Defendants (the defendant A shall be made on the third trial date)

1. Second protocol of examination of the accused C by the prosecution;

1. Statement of seizure of each police;

1. Report on internal investigation (part of the use of counterfeited credit cards), and report on internal investigation (acquisition of a detailed statement of intent from an overseas exchange card company);

1. Application of each of the laws and subordinate statutes governing phishing identification cards;

1. Relevant legal provisions on criminal facts* Defendants: Article 70(1)2 of the Specialized Credit Finance Business Act; Article 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 70(5) and (1)2 of the Specialized Credit Finance Business Act; Article 70(5) and (2) of the Criminal Act; Article 30 of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act * Defendants B and C

1. Selection of each sentence of imprisonment;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 333 (1) of the Criminal Procedure Act to return victims;

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

2. As to the crime of fraud from six to three years of imprisonment with prison labor on the sentencing guidelines, the basic area is selected in the first category of systematic fraud, and the sentencing criteria are not set or applied to the crime of attempted fraud and the crime of violation of the Specialized Credit Financial Business Act.

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