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(영문) 전주지방법원 2017.10.26 2017노847

여신전문금융업법위반등

Text

The judgment of the court below is reversed.

Defendant

A. A. fine of KRW 3,00,000, and fine of KRW 1 and 2,00,00,00,00,00,00

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment (Defendant A: fine of KRW 3,00,000, and Defendant B: fine of KRW 3,000,000 for the crime Nos. 1 and 2 as indicated in the holding, and fine of KRW 4,00,00 for the crime No. 3 as indicated in the holding) is too unreasonable.

B. The above punishment of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the “violation of the Act on the Financial Business Specializing in Credit (Counterfeited Credit Card Use)” among the items of paragraphs (c) and (c) of Article 1-3 of the facts charged as “violation of the Act on the Financial Business Specializing in Credit (Attempted Use of Counterfeited Credit Card)”. After the amendment to paragraph (4) of the facts charged, each of the facts charged is changed to the facts charged, and an application for changes to an amendment to an indictment, which adds Table 1, 2, 3, 4, and 5 of the crimes committed by the summary order, and since this Court was changed to the subject of the judgment upon permission, the judgment of the

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

【Inasmuch as the facts constituting a crime and summary of evidence recognized by the court in this case and the summary of the evidence are the facts constituting a crime of the judgment below, the phrase “violation of the Act on Specialized Credit Financial Business (Counterfeited Credit Card Use)” among the facts constituting a crime of the judgment below as “violation of the Act on Special Credit Financial Business (Attempted Use of Counterfeited Credit Card)” and Article 3(3) is the same as the corresponding column of the judgment of the court below, except for the alteration of Article 369 of the Criminal Procedure Act to the facts charged after the alteration of the attached Form.

Application of Statutes

1. Article 70 (1) 1 of the Act on Specialized Credit Financial Business, and Article 30 of the Criminal Act (credit card.) of the Act on Specialized Credit Financial Business;

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