부산지방법원 2013.07.09 2013노965



The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.


1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. The judgment of the court below is that the crime of this case interferes with the secondhand business operated by the victim on the ground that the defendant voluntarily suspended the credit card in the name of the victim, who is his former wife, and the crime of this case cannot be deemed to be light of the nature of the crime. However, in light of the fact that the defendant, in the process of divorce and division of the property with the victim, the defendant was in a state of not good appraisal due to dispute, and was hospitalized into the hospital due to the very left-hand-hand nephal fever and was in the process of division of the property, and there is a matter to be taken into account in the circumstance that the victim suspended the above credit card as the victim suspended the above credit card, and the occurrence of the crime of this case was caused by the occurrence of the accident, and the defendant appeared to have committed the crime of this case. The victim also shows an attitude that all of the crimes of this case was recognized and reflected by the court on July 9, 2013, and the sentencing conditions of the defendant's age, character and environment, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;