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(영문) 서울중앙지방법원 2016.12.14 2016고단7581
여신전문금융업법위반등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On May 2016, the Defendant: (a) was seeking ways to impose money from a foreigner of Malaysia’s nationality due to excessive occurrence; (b) on the part of May 2016, the Defendant: (c) received a proposal from a person with a false credit card to pay 5-8% of the value of the goods if he/she left the Republic of Korea with a forged credit card to pay 5-8% of the value of the goods if he/she left the Republic of Korea with a forged credit card; and (d) entered the Republic of Korea on June 23, 2016.

1. On June 24, 2016, the Defendant violated the Specialized Credit Financial Business Act (hereinafter “Specialized Credit Financial Business Act”) in collusion with the above party’s name in return for the purchase of 461,557 won (US$ 395) in the flag of the Korea Civil Aviation of Malaysia operated by Malaysia at Malaysia’s public port of Incheon on June 24, 2016, and offered forged Ciib Bank N.A.’s credit card (credit number J) to an employee with a false name and used a forged credit card on three occasions in total as indicated in the sales slip.

2. In collusion with the above person with the above person's name in order to purchase the goods at the date, time, and place mentioned in Paragraph (1) above, the defendant presented to the person under whose name the victim had no intent or ability to pay the price even if the goods were purchased, and the credit card mentioned in Paragraph (1) was actually issued to the victim's name, who is an employee of the Korean Civil Service as if the credit card stated in paragraph (1) was actually issued, and then acquired the goods worth KRW 461,57 ($ 395) at a total of three times, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Application of Acts and subordinate statutes on the current use of forged cards;

1. Article 70(1)2 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act (the point of using counterfeited credit cards), Articles 347(1) and 30 of the Criminal Act concerning facts constituting an offense, and Article 70(1)2 of the Specialized Credit Finance Business Act.

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