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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.
B. In a case where the Defendant, by deceiving the victim, obtained a photograph of the card Nos. 3 1 and 56 and applied for a credit card loan by using this, it constitutes an unlawful use of credit card under Article 70(1)4 of the Specialized Credit Financial Business Act. 2) The sentence of the lower court on unreasonable sentencing is too unreasonable and unreasonable.
2. When the prosecutor changes the bill of indictment at the trial of the court below, he shall maintain the charges of violation of the Specialized Credit Financial Business Act due to the illegal use of credit cards as the primary charges with respect to the B card No. 1 No. 3 and C card No. 56 in the table of crime as indicated in the judgment of the court below. The prosecutor applied for the amendment of the bill of indictment to add "Article 70 (1) 6 of the Specialized Credit Financial Business Act" to the charges of violation of the Specialized Credit Financial Business Act due to illegal use of credit card information and the applicable provisions of Acts as stated in paragraph 3
However, as seen below, inasmuch as this court found the Defendant not guilty of the primary facts charged and found the Defendant guilty of the charges added in preliminary, the judgment of the court below that only the previous primary facts charged can no longer be maintained.
However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts or misapprehension of legal principles on the primary facts is still subject to the judgment of this court.
3. The lower court determined as to the primary facts charged, as long as the Defendant applied for a credit card loan by using information such as the card number, etc. obtained by photographing the front and rear of a credit card that is not itself.