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(영문) 수원지방법원 2014.06.16 2014노1665
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the National Bank Cream Card.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is excessively unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

A. When the prosecutor to revise the indictment was in the trial for the prosecution, the "cash 2,304,430 won" in the attached list No. 8 of the crime committed in the indictment of this case is "cash 1,204,400 won", and the "section 20,000 won check" in No. 10 of the No. 10 of the indictment of this case was changed to "one hundred thousand won check and one hundred and twenty thousand won in cash". Since the subject of the trial was changed to this court's permission, the judgment of the court below was no longer maintained in this respect.

B. Around November 21, 2013, the summary of the facts charged against the violation of the Specialized Credit Financial Business Act due to the unlawful use of the CPC card was stolen from F’s Cze Card 1 and the bags contained in F’s pocket book, and the Defendant was willing to withdraw cash using the F’s Cze Card. On November 21, 2013, the Defendant was found guilty of violating Article 7(1)3 of the Specialized Credit Financial Business Act, by recognizing that the Defendant violated Article 7(1)3 of the Specialized Credit Financial Business Act, at a corporate bank cash withdrawal machine located in the front of the “Seo-si, Sho-si, Sho-dong, Sho-si, Sho-si, Sho-si, Sho-dong,” and then withdrawn KRW 2,304,430 using the Cze Card 30,000 from the F Bank’s cash withdrawal machine located in Ansan-dong. The Defendant, thereby, stolen the credit card that was used by another person.

3. "Unlawful use of credit cards or debit cards" in Article 70 (1) of the Specialized Credit Financial Business Act refers to a case where the credit cards or debit cards which are forged, altered, or stolen or lost are used in accordance with the original usage of credit cards or debit cards. Therefore, lost debit cards are used.

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