여신전문금융업법위반등
The judgment of the court below is reversed.
Defendant
A, B, D, and E shall be punished by imprisonment with prison labor for two years, and by imprisonment for one year and six months.
1. The summary of the grounds for appeal is unreasonable because each sentence (two and half years, confiscation, confiscation, and confiscation, two years, two years, and two years) declared by the court below to the Defendants is too unreasonable.
2. Considering the generalization of the use of the judgment credit card and the frequent social situation in which foreigners’ entry into and departure from the Republic of Korea, a foreigner’s use of forged and forged credit cards in the Republic of Korea needs to be strictly punished and eradicated as scambling the foundation of commercial order. The instant crime committed by the Defendants of Chinese nationality, who planned to commit a crime closely by sharing the systematic roles of the Defendants, entered the Republic of Korea and planned to forge and use forged credit cards, is an international crime, and the nature of such crime is very rough and inferior to the Defendants.
However, in light of the favorable circumstances, such as the Defendants’ perception of the instant crime and the fact that the sum of damage amounts is minor to 59,000 won, the Defendants’ profits acquired from the instant crime, the credit card forged by the Defendants are only three parts of the forged credit card. In particular, Defendant C actively cooperated with the investigation, such as the Defendants’ age, character and conduct, family environment, the degree of participation in the instant crime, and the circumstances after the instant crime, etc., the punishment imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified, and the judgment below is delivered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted 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
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