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(영문) 서울중앙지방법원 2009. 6. 9. 선고 2008고단7686 판결
[사기·사기미수·여신전문금융업법위반][미간행]
Escopics

Defendant (foreigner)

Prosecutor

gardens

Defense Counsel

Attorney Park Dong-dong (Korean)

Text

1. The defendant shall be punished by imprisonment for two years;

2. The number of days under detention before this judgment is sentenced shall be included in the above sentence;

3. Seized evidence as referred to in subparagraphs 1 through 6, 9 through 16 shall be confiscated;

Criminal facts

On September 208, the Defendant received a forged credit card from Nonindicted 2 and conspiredd with the said Nonindicted 2 to purchase the goods as if he were his normal credit card and obtain it by deception. The said Nonindicted 2 provided a forged credit card to those who have failed to receive the name at that time, and presented it as if he had been a normal credit card, and subsequently, conspired with the above Nonindicted 2 and the above Nonindicted 2 conspired with the above Nonindicted 2 and the above Nonindicted 2 to acquire the goods and acquire them by deception. In collusion, the Defendant conspired with the above Nonindicted 2 and the above Nonindicted 2,

1. Fraud and violation of the Specialized Credit Finance Business Act;

On November 26, 2008, in collusion with the above non-indicted 2 and the above non-indicted 2 and the above non-indicted 2, and on November 26, 2008, the defendant purchased goods equivalent to KRW 109,900, such as tobacco, from 00 located in Yeongdeungpo-gu Seoul Metropolitan Government ○○○○dong (number 1 omitted), and presented the forged credit card (credit card number 1 omitted) delivered by the above non-indicted 2 to a staff-in-charge who is unable to know his name, as if he had actually formed the genuine credit card, and used the forged credit card by paying it. The defendant received from the above staff, namely, from the above staff, the goods of KRW 109,900, such as tobacco, etc., from October 1, 2008 to November 30, 2008, and acquired the above non-indicted 2 and the above non-indicted 2 and the above-indicted 1 through the above-indicted 532 method.

2. Attempted fraud;

On November 29, 2008, in collusion with the above non-indicted 2 and the above non-indicted 2 and the above non-indicted 2, and on November 19:17, 2008, the defendant presented the forged credit card (credit card No. 1 omitted) delivered by the above non-indicted 2 to the officer in charge who was unable to know his name when purchasing goods equivalent to 110,000 won from the Gangnam-gu Seoul Metropolitan Government ○○○dong (number No. 2 omitted), as if he actually formed his normal credit card, and tried to acquire it by the above employee, but the defendant did not receive the goods equivalent to 110,000 won from the above employee and attempted to acquire it, but the defendant did not take part in the attempted credit card, in collusion with the above non-indicted 2 and the above non-indicted 2 and the above-indicted 2, from around October 1, 2008 to November 30, 2008.

Summary of Evidence

1. Legal statement of Nonindicted 1’s witness

1. A protocol concerning the suspect examination of the accused;

1. Each statement of Nonindicted 3, 4, 5, 6, and 7

1. Statement of seizure by the police;

1. Investigation report (Investigation of counterfeited card description cards);

Application of Statutes

1. Relevant legal provisions concerning criminal facts: Articles 347 (1) and 30 (each point of fraud), 352, 347 (1), and 30 (each point of attempted fraud) of the Criminal Act, Article 70 (1) 2 of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act (each point of use of forged credit card);

2. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Prepaid detention days: Article 57 of the Criminal Act.

4. Confiscation: Article 48 (1) 1 and 2 of the Criminal Act.

【Crime Disturbing Table】

Judges Kim Jong-soo

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