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(영문) 인천지방법원 2014.01.21 2013고단7576
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant attempted to commit fraud, around 10:30 on July 30, 2013, the victim ATS operated by the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government for the settlement of the purchase price of one gold-half of the amount equivalent to KRW 600,000 in the market price, which was stolen from AV, and attempted to deceiving the said victim and to defraud the said gold-half of money by presenting one credit card to the victim as if he/she was his/her credit card. However, the said card was perceived as a stolen card, and was thus an attempted charge.

2. Before the violation of the Resident Registration Act, the Defendant had known prior to the violation of the Resident Registration Act, seeking AW’s subscription to a game site “Monthly”, and became aware of AW’s resident registration number.

The Defendant, by using the AW’s resident registration number known as above, had the intent to join the “ribrid” game site.

On December 11, 2012, the Defendant had access to the game site called “Librid” by using a computer at an illegitimate place, and then entered “AY”, “AX”, “AY”, and “AZ”, respectively, in the name column of the online member registration application form.

Accordingly, the defendant used the AW resident registration number unlawfully.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to AV and AW;

1. Return to the results of approval or inquiry (10 pages of investigation records), the response to the request for provision of communications data (18 pages of investigation records);

1. Application of the Acts and subordinate statutes to report an investigation (to hear statements by AT telephone from a witness of the AU business owner), and to report an investigation (to hear statements by AW telephone from a witness);

1. Relevant Article 352 of the Criminal Act, Articles 352 and 347 (1) of the Criminal Act (a crime committed through fraud), Article 37 Subparag. 10 of the Resident Registration Act (a crime committed by unlawful use of another person’s resident registration number) and choice of imprisonment with prison labor;

1. Of concurrent crimes, the confessions of the accused of the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 (within the scope of adding up the long-term punishments) of the Criminal Act, and the crime of fraud is attempted.

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