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(영문) 서울중앙지방법원 2017.04.19 2016고합1292
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment for four years, and imprisonment for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A, while departing from the Republic of Korea on March 2014 for his employment and living in the French city, A, through his name-free Korean students, carried in to Korea with a e-mail card (hereinafter “foreign e-mail card”) issued by a credit card company and obtained approval from the credit card company when purchasing goods through a domestic credit card merchant, and made a settlement by means of a e-mail card after obtaining approval from the credit card company. The fact that the e-mail card was prepared at the time of the settlement that the e-mail card was restored to the 6th day from the e-mail as it was restored to the e-mail without filing a claim for payment through the purchase of the credit card company's e-mail card at the time of the settlement. Using the above settlement system, A would be able to receive a large amount of money exceeding the amount deposited in the account linked to the e-mail card.

Accordingly, Defendant A, after opening an account with an overseas bank around August 2015, pretended to purchase goods from the domestic credit card merchant which opened an account in advance, obtained approval from the credit card company in advance, and prepared a handbook, and if the credit card was restored to the credit card company, Defendant A again repeated 3 to 4 times by the same method, within 30 days, at the time of purchasing the hand tag, once more than 30 days after purchasing the hand tag, and intended to obtain money in excess of the approved amount by claiming the price (hereinafter “the Act on the Crimes”). Defendant B, who will act as the name of opening an account in the overseas bank, P, and account, gathered the credit card merchant operator, etc. under the name of the Defendant B, who will prepare the hand tag, and then gather the money in excess of the approved amount by claiming the price from the domestic credit card company. Ultimately, the Defendants, P, and the above operators, etc. through such methods.

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