사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged in the instant case.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below (one year of imprisonment) is too unhued and unfair.
B. As to the crime of fraud against Defendant (1) with regard to the victim of misunderstanding of facts, 1.5 million won of the room room deposit was intended to lead a marriage report and seek a suicide with the victim C. Since the victim C was mainly on board and was not deceiving the victim C, the lower court found the Defendant guilty of all the charges. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(2) The sentence imposed by the lower court on the Defendant is too unreasonable.
2. Determination
A. Before making ex officio judgments on prosecutor’s judgment and Defendant’s respective arguments, we examine ex officio the part concerning the violation of the Specialized Credit Financial Business Act (hereinafter “this part of the charges”) in paragraph (5) of the judgment of the court below.
(1) On July 14, 2010, the Defendant: (a) at the P coffee shop located in the Gumi-si, Gumi-si; (b) obtained a card, M ownership, and withdrawn KRW 1,070,000 of M’s deposit on seven occasions through cash payment machines at the Daegu-si Branch of the Daegu Bank located in the Gumi-dong on the same day; and (c) obtained a stolen credit card by withdrawing KRW 720,000 of M’s deposit twice by using cash service function in the cash payment machine, etc. located in the Gumi-si, Gumi-si; and (d) obtained a stolen credit card by withdrawing KRW 720,000,000 from the cash payment machine, etc.
(2) According to the judgment, the "illegal use" under Article 70 (1) of the Specialized Credit Financial Business Act refers to a true credit card or debit card which is forged, altered, or stolen and used in accordance with the original usage of the credit card or debit card. Thus, the victim is a victim by inserting a stolen credit card into an online cash automatic machine and inputting a password, etc.