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(영문) 서울중앙지방법원 2015.11.25 2015고단1324 (1)
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B (A) around December 3, 2008, the prosecution, and the trial of the appellate court at the present trial) provided overseas credit card information received from the Internet under the name-free winners (hereinafter “C”), and the past D, with personal information of the mobile phone subscribers, which was received from E while working together in the mobile phone retail outlet, and ordered goods in the online shopping mall using the above Add, using the Internet, and the F and G agreed to divide their own profits after resale after being delivered the goods under the direction of the above B.

As above, the Defendant knew that he was supplied with overseas credit card information acquired from “C” in an unlawful manner in the name of “C” and entered a card number in the official card with the credit card tag from “B” in China, with the information obtained from “C”, and had the intent to withdraw cash from the cash automatic payment machine using the input card.

On June 20, 2013, the Defendant had a total of four overseas credit card information transmitted from the Defendant to the Defendant’s e-mail account (H) from B, such as card number I (H).

Accordingly, the defendant had another person's credit card information identified by fraud or other improper means.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Copy of each protocol concerning the examination of suspect B; and

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Article 70 (1) 6 of the Specialized Credit Finance Business Act, and choice of imprisonment with prison labor concerning facts constituting an offense;

1. Of concurrent offenders, the trial process of this case, such as the age, character and conduct, family relationship, home environment, motive and means of crime, circumstances after the crime, etc., in the following circumstances: (a) the sentencing period under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act:

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