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(영문) 서울중앙지방법원 2017.09.21 2017고단3700
사기미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

(2) On February 27, 2017, C and D, along with E, offered that “F and G, etc., which enter China and contact with China, enter China, have been provided with a credit card settlement terminal of a domestic franchise store,” and offered as “The credit card is forged and paid to the said terminal and then divided when the payment is paid from the credit card company.”

[2] Defendant 1, who received the above G’s request, stated that “The credit card settlement terminal will be several comparisons.” In such a case, Defendant 2% of the amount of the credit card settlement will be paid.

“The proposal was received and delivered to the said G through H, by acquiring the terminal devices of “I, such as “I,” “I,” “I,” “I,” “I,” a franchise store.

Around March 28, 2017, the Defendant, along with E, C, D, G, etc., and around March 20:54, 2017, used a credit card copy of the Chinese LA, which was forged for the purpose of obtaining credit card approval money from the K hotel located in Geumcheon-gu Seoul Metropolitan Government, and attempted to acquire the payment amount of KRW 5,80,000 from “I” with false approval, but did not intend to receive the payment from the LAB, but did not result in refusal of approval of the card.

As a result, the Defendant conspired with E, C, D, and G in sequential order, and attempted to acquire the settlement amount equivalent to KRW 105,342,00 in total over 31 times from March 28, 2017 to April 16, 2017 by the aforesaid method, such as the list of crimes in the attached Form, but failed to obtain approval.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each prosecution against C, D, or G;

1. A protocol concerning each police suspect of M, N, or F;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of the Act on the Investigation Report (the organizational chart and the flow chart of this case)

1. Relevant provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

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

1. The Criminal Act, the suspension of execution;

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