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(영문) 서울중앙지방법원 2016.10.19 2016고단5666
여신전문금융업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 20, 2010, the Defendant sentenced 3 years and 6 months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court on August 20, 201, and completed the execution of the sentence in the Gangnam Prison on March 23, 2013.

Criminal facts

1. On the top of the king-ro in Seongdong-gu, Seoul, on January 1, 2014, the Defendant: (a) received a proposal from Homan C to “IBK Credit Card (E), HBK Credit Card in the name of a forged D; (b) CHB Credit Card (G); (c) H CHAS Credit Card in the name of H, H, NH Credit Card (J); and (d) obtained seven copies of credit cards, such as a credit card in the name of H, a credit card in the name of H, K, NH Credit Card (L), and a credit card in the name of a named victim, a credit card in the name of H, a credit card in the name of H, and a credit card in the name of M&C (N).

Accordingly, the Defendant acquired each forged credit card for the purpose of exercising it.

2. On May 2014, the Defendant issued five copies (P, Q, R, S, and T) of the S-OL S-IL S, Inc. (P, Q, R, S, and T) by an O who was in custody of a forged credit card of the above C for the purpose of exercising cash in the street around Samsung-dong, Gangnam-gu, Seoul.

Accordingly, the Defendant acquired each forged credit card for the purpose of exercising it.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning each prosecutor's office concerning theO, U, and V;

1. Each police seizure record and the list of seizure;

1. Duplication of the submitted credit card, photographic and photographing of the relevant card;

1. Previous convictions indicated in judgment: Application of criminal records, etc. and investigation reports (including persons at the expiration of the term of punishment A), and Acts and subordinate statutes;

1. Article 70 (1) 5 of the Specialized Credit Finance Business Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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