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(영문) 서울동부지방법원 2018.06.07 2017고합373
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant shall be innocent.

Reasons

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. The summary of the facts charged is a person who was the representative director of credit card payment chain E (hereinafter “E”) established around August 2013, 2013, and the other company also omitted the indication of “stock company” or “limited company”. F is a person who was in the position of the general manager of E, and G is a person who was in the position of the general manager of E, and a person who was in charge of the payment, withdrawal, and settlement of credit card sales by proxy.

H and I purchase a processing corporation's business registration certificate, a certified copy of corporate registry, a corporation's seal impression, a certificate of corporate seal impression, a passbook, a passbook with the name of the processing corporation, a deposit withdrawal card, an OTP and an official certificate, etc. to be used for banking in the name of the processing corporation, and enter into a credit card settlement agency contract with a credit card payment agency in the name of the processing corporation, and supply a credit card payment terminal registered as a franchise store to the related processing corporation for clothing sales, etc., and then the above processing corporation takes over credit card sales claims of the above processing corporation arising from the credit card payment terminal from the above clothing sales, etc.

The Defendant, along with H and F, uses that the victim M& corporation (hereinafter “victim”) as the settlement company immediately operated by L, in advance, pays credit card payment after deducting the prior interest from the credit card merchant’s approval details registered on the computer network of the credit card settlement company as security, to the chain store, and registered the false information on approval details of credit card sales in the name of the processing corporation on the E’s computer network, and then, to obtain the payment of credit card payment from the victimized company as security, H is a limited company N&, etc. used as the credit card merchant.

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