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(영문) 수원지방법원 2014.06.19 2014노403
여신전문금융업법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not know that the credit card used as a result of the B’s request was forged, and did not commit the instant crime in collusion or collaboration with H and B.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts or misapprehension of the legal principles as to the evidence duly adopted and examined and the following facts acknowledged by the record: (i) the defendant asked for withdrawal of cash with a credit card as a corporate card; (ii) the credit card used by the defendant to purchase a gold product without any indication of a false credit card with a private-use card, can be known that it is not a normal credit card even with the face, because the card number and password are written with a private-use plastic card with a private-use pen; and (ii) the defendant took two to three days at the house of B one week at the time, and had been aware of the forgery of the credit card (the defendant was aware at the investigative agency that the credit card was forged by the investigation agency), and (iii) the defendant was aware of the fact that the credit card was forged by the court of first instance, but the defendant stated that the defendant was guilty in the first instance (the first instance court).

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