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(영문) 부산지방법원 2016.04.29 2016노383

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. On the second trial date of the trial of the court below, the prosecutor ex officio held that the part concerning the case of the second trial of the court below 2015 order 1630 ruling of the court below among the facts charged in this case, the name of the crime was "the fraud," and the applicable provision of the law was "Article 347 (1) of the Criminal Act" and "Article 347-2 of the Criminal Act", and applied for amendments to the indictment with the contents of the facts charged as follows. Since this court permitted this, the judgment of the court below was modified and thus, it cannot be exempted from the reversal in this respect.

When the Defendant was aware of the victim’s Samsung Card’s card number, term of validity, password, etc., the mother of the female, the Defendant used this to purchase the victim’s or H MT fishing products.

On October 6, 2012, the Defendant purchased fishing goods at “K” fishing goods stores located in Busan East-gu, Busan, and entered 285,000 won by entering the card number, effective period, password, etc. into ARS without obtaining consent from the injured party, and entered 285,00 won in the aforementioned fishing goods store in the same manner, and entered 1.4 billion won around October 23, 2012, around 570,000 won in a total of 0,01,000 won around November 24, 2012, around 10,000 won, around November 24, 2012, around 10,000 won, around November 24, 2012, and around November 27, 2012, around 107, 2018; and

3. If so, the judgment of the court below is reversed ex officio in the part of the 2015 High Order 1630 case as seen above, and the remaining part of the judgment of the court below are different from the above.