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(영문) 서울중앙지방법원 2013.03.28 2013노545

여신전문금융업법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 35 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment, confiscation) is too unreasonable.

2. The crime of this case, which was committed on the market, is a systematic and intelligent crime by deceiving approximately KRW 100 million by using a forged credit card as properly explained by the court below, and thus has disturbed international credit card transaction order. Therefore, the crime of this case is highly poor and there is a need to strictly punish those who participated in the crime. However, the defendant's participation in the crime of this case is against the defendant's wrong and wrong; the degree of the defendant's participation; the defendant's participation in the crime of this case's age, character and conduct, environment, motive, means and consequence; the punishment imposed by the court below is somewhat inappropriate, considering the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime. Thus, the defendant's argument is with merit.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is identical to those stated in each corresponding column of the judgment below, except for the addition of “suspects’ entry into and departure from Korea” to the summary of the evidence in the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and Article 70 (1) 2 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Article 70 (1) 5 of the Specialized Credit Finance Business Act (the acquisition of forged credit cards), Article 70 (1) 2 of the Specialized Credit Finance Business Act (the acquisition of forged credit cards), and Article 70

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;