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(영문) 서울중앙지방법원 2020.01.31 2019노2207

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.

2. For the court to make ex officio decisions, the prosecutor applied for amendments to the indictment to the effect that the indictment against the defendant was modified as follows through legitimate procedures, and the subject of the trial was modified by this court.

The judgment of the court below shall no longer be maintained.

The part of Section 4, 18, or 21 of the indictment, " by using forged credit cards, such as the entry in Schedule 2, 156 times in total, shall be 86 times, by means of remittance of the credit card payment amount of 91,631,00 won in total over 86 times, and by means of fraud of the credit card payment amount of 162,682,000 won in total over 70 times, which was attempted to obtain the credit card approval but which was refused to obtain the credit card payment but was attempted to receive the credit card payment of 162,682,00 won in total, but was attempted to use the forged credit card amount of 48,356,000 won in total as described in Schedule 2 of the indictment, was 156 times in total, and was modified to an attempted credit card account, but was refused to obtain the credit card payment of 205,957,000 won in total over 90 times;

Attached Form

The term "performance" in the sequence 27, 30, 33, 39, 84, 85, 87, 90, 91, 97, 100, 103, 105, 134, and 1,21, 22, 48, and 56 (K Card Use Parts) in the table of crime Nos. 27, 30, 33, 39, 84, 87, 90, 91, 97, 100, 105, 134, and 1, 143

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence presented by this court is as follows, except for the revision of the original judgment as follows.