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(영문) 서울중앙지방법원 2014.09.12 2014고단4547
사기등
Text

A defendant shall be punished by imprisonment for one year.

Five copies (No. 1 through 5) of seized credit cards shall be from the accused.

Reasons

Punishment of the crime

On June 21, 2014, around 18:56, the Defendant presented at the head office of the department store in Jung-gu, Seoul, Nammun-gu, Seoul, to an employee as if he was a normally issued credit card, and had the employee pay the cosmetics amounting to KRW 2,625,00,00. The Defendant attempted to use the forged credit card and receive the forged credit card from 16:05 to 20:11 on June 21, 2014, as indicated in the attached list of crimes, by allowing the employee to pay the cosmetics amounting to KRW 2,625,00.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement made by the prosecutor to the prosecution;

1. Statement of the police statement regarding C;

1. Each written statement in C, D, E, and F;

1. Police seizure records;

1. Use of modern cards;

1. Application of respective existing Acts and subordinate statutes of subparagraphs 1 through 5 of this Article;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment with labor) and Article 70 (1) 2 of the Specialized Credit Financial Business Act (the point of using counterfeited credit cards and the choice of imprisonment with labor);

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

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment with prison labor for not more than 15 years;

2. The recommended sentencing guidelines: Six months of imprisonment: One year and six months (in the case of each fraud at the time of sale, the basic area among the types No. 1 of the general fraud shall apply, and in the case of a violation of the Specialized Credit Financial Business Act in the judgment, the sentencing guidelines are not set, and only the lower limit of the recommended sentencing guidelines for the above fraud, on which the sentencing guidelines

3. Determination of sentence: One year of imprisonment; a crime using a counterfeited card is a serious criminal who may threaten the foundation of credit transaction order;

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