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(영문) 울산지방법원 2020.02.07 2019노1324
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant that: (a) the Defendant opened a mobile phone through the use of another person’s name or obtained a credit card; (b) acquired a considerable amount of settlement money for more than four years using the credit card issued by the above means; and (c) obstructed the business of changing customer information of the credit card company in the course of using the said credit card; and (d) did not constitute a crime in light of the method, period, frequency, and

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, circumstances after the crime, and whether there was a change in the circumstances after the sentence of the lower judgment, the lower court's punishment is somewhat unreasonable, in full view of the following: (a) the defendant's perception of the crime and reflects the wrong; (b) there is no specific penalty other than that subject to a fine once; and (c) the victim (the victim) wishes to take the Defendant's wife by mutual agreement with B and B, which is a substantial victim, when it comes to the trial; and (d) the court below's punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Thus, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the defendant's appeal is judged as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232 of the Criminal Act, Article 232-2 of the Criminal Act, Article 234 of the Criminal Act, Article 234 and Article 234 of the Criminal Act for the crime;

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