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(영문) 서울중앙지방법원 2017.03.15 2017고단545
여신전문금융업법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for two months and by imprisonment for one month.

Reasons

Punishment of the crime

Defendant

On May 2016, A heard a proposal to purchase a forged credit card from a person without his/her name (hereinafter referred to as “N”) and exchange it with cash, and then divide it to those who will purchase an actual product with a forged credit card delivery from N and take the role of managing it. Defendant B conspired to take the role of purchasing a forged credit card from Defendant A to take the role of purchasing an actual product, thereby committing a crime using a forged credit card.

Defendant

A around 09:00 on May 16, 2016, Sung-nam comprehensive bus terminal located in Seongbuk-gu, Sungnam-si, Sungnam-si, issued a counterfeited credit card in the name of DB (DC) through N's bus stack from N to Defendant B, and, around 13:26 on the same day, ordered that the aforementioned forged credit card be purchased from "DF point" of the victim DE operation in Songpa-gu Seoul, Songpa-gu, Seoul, and the Defendant B purchased red flus 4 boxes worth KRW 800,000,000, and the Defendant B, who may know that it was forged, presented that the credit card was forged with the above DB's payment, and had DG make the aforementioned DG enter into the list of 80,000,000 won and then sold the pre-saleed credit card and signed it.

As a result, the Defendants conspired to use a forged credit card and acquired the property amounting to 800,000 won from the damaged person.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of DB;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victims);

1. Relevant Article 70 (1) 2 of the Act on the Financial Business Specializing in Extension of Punishment, Article 70 (1) 2 of the Act on the Private Sector Specializing in Extension of Punishment, Article 30 of the Criminal Act ( point of use of each forged credit card), Articles 347 (1) and 30 of the Criminal Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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