여신전문금융업법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (ten months of imprisonment) is too unreasonable.
2. The crime of this case is a case where the Defendant, in collusion with the influence winners, copied the credit cards and eight debit cards entrusted by customers for settlement, and forged them, and received cash services on 57 occasions by using forged credit cards. The crime of using credit cards requires strict punishment as a serious crime that may threaten the foundation of credit transaction order. The Defendant planned the instant crime by way of short-term leasing, etc. of non-business, and the method of crime is also forged and is highly dangerous. In light of the above, the Defendant’s sentence is inevitable.
However, in full view of the following circumstances: (a) the Defendant recognized his mistake and against himself; (b) the Defendant agreed to compensate and agreed to the damage of K, J, M, and I by the card owner; (c) the remainder E, L’s compensation and agreed in the trial; and (d) the fact that there was a family member to support the Defendant; and (c) other circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive and background of the offense; (d) means and method of the offense; and (e) the circumstances after the offense, etc., the sentence imposed by the lower court is somewhat unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Act and subordinate statutes