2015dan325 Violation of the Specialized Credit Finance Business Act

1. A (Law No. 1, 1984) and other persons;

Nationality People's Republic of China

2. B ( may 1 November 1, 1983) and non-official titles;

Nationality People's Republic of China

official leather (prosecutions) and a trial in the form of paper.

Attorney Ansan Hong-mo (National Election for Defendant A)

Attorney Kim Young-soo (the national line for defendant B)

June 12, 2015

Defendant A shall be punished by imprisonment with prison labor for three years and by imprisonment for two years.

Nos. 1 to 21 of seized evidence from Defendant A, and No. 22 to 25 from Defendant B, respectively.

Confiscation.

Criminal facts

Defendants, as Chinese, enter Jeju-do around February 23, 2015.

The Defendants conspired with the malicious ○○, an accomplice to forge a credit card in China, and Cho-○, an accomplice in the Republic of Korea, forged a credit card in Jeju-do, thereby making a credit card settlement with a domestic company's credit card settlement terminal, and then divided the payment.

Therefore, the Defendants forged the overseas credit card directly in Jeju-do to make a credit card settlement with the domestic company terminal, and the above malicious ○○ provided the Defendants with the card information and program necessary for the credit card aid, forgery card forgery (a counterfeited card manufacturing machine) and the above ○○○ distributed his roles by providing the domestic company's Kade settlement terminal.

1. Crimes of forging credit cards;

From February 23, 2015 to February 25, 2015, the Defendants: (a) carried out a forgery program of the credit card installed in X hotel No. 1503 in the Doro-ro, X hotel No. 1503; and (b) carried out a forged card in the Doro-si; and (c) forged U.S. Navy Federal Credit Card Co., Ltd. (credit card number omitted) by entering the credit card information in the name of another person sent by the Doro-○ through the Chinese Mesenwa, and forged Chapter 68 of the overseas credit card, such as the list of crimes (1).

2. Crimes of using forged credit cards;

The Defendants paid 350,00 won to a credit card settlement terminal of an enterprise called ○○○○○○○○○ (the location of Gangseo-gu, Dongwon), which was forged on the date, time, and place mentioned in the preceding paragraph, using a forged credit card that was used in settling the sum of KRW 111,589,000 over 62 times, such as entry in the attached crime list (2). As above, the Defendants attempted to use the forged credit card network using the above credit card settlement terminal of KRW 350,000 by settling 350,000 with the above credit card settlement terminal of the United States, which was forged, but attempted to refuse to pay the total amount of KRW 11,589,000,000, as stated in the attached list of crimes (3) but failed to pay the same over 114,000,000 won, as stated in the attached list of crimes (3).

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Article 70(1)1 of the Specialized Credit Finance Business Act; Article 30 of the Criminal Act; Article 70(1)2 of the Specialized Credit Finance Business Act; Article 70(1)2 of the Criminal Act; Article 30 of the Criminal Act; Article 70(5) and 2 of the Specialized Credit Finance Business Act; Article 70(1)2 of the Criminal Act; Article 30 of the Criminal Act (a number of items not used for counterfeited credit cards);

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Confiscation;

Defendants: Article 48(1)1 and 2 of the Criminal Act

Reasons for sentencing

In consideration of the following circumstances, punishment shall be determined as ordered:

○ favorable circumstances: The fact that all facts of crime are recognized and reflected, and the crime of use of some forged credit cards is committed.

The payment of money to a chain store for the crime of forgery, credit card use, even after having undergone such attempted crime.

The withheld point

○ Unfavorable Circumstances: A crime of forging and using a credit card is the essence of the transaction of credit cards.

Credit card companies or owners of credit cards as well as disturbing sound order in distribution;

It is necessary to strictly punish the victims of good faith in that it is highly likely that such victims of good faith will be imprisoned.

The crime was committed on a planned, organized, and international basis, and the number of forged credit cards;

It is not very good to commit a crime in light of the amount of use of forged credit cards.

○ Other: The age, character and conduct, environment, circumstances before and after the commission of the crime, etc.

Freeboard Kim