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(영문) 제주지방법원 2017.09.14 2017노273
사기등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendants 1 and 2 did not know that Chinese accomplices used a forged credit card transaction device of G Co., Ltd. (hereinafter “G”) and E Co., Ltd. (hereinafter “E”), and were aware that they had known that they would have known that they would have known that they would have carried out her credit card tin. As such, the lower court found the Defendant guilty of the part of each of the facts charged in the instant case after December 18, 2016.

2) The enforcement of a search and seizure warrant against G Office Co., Ltd. on January 17, 2017 by misunderstanding legal principles did not present a warrant to Defendant A. There is no urgent reason to enforce a search and seizure warrant at the above office without Defendant A’s participation, and there is procedural error of omission of the signature and seal of AC, which is a participant in the search and seizure protocol.

Nevertheless, the judgment of the court below that adopted the above seizure protocol and seizure as evidence of guilt is erroneous in the misapprehension of legal principles.

3) The sentence of the lower court’s improper sentencing (two years of imprisonment each) is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the Prosecutor (Crime No. 1) and the Prosecutor, it can be sufficiently recognized that the Defendants knew that Chinese accomplices are paying off G and E credit card settlement terminals using forged credit cards, even before receiving contact that there was a problem with credit cards used for settlement from the FC Co., Ltd. on December 17, 2016.

Nevertheless, among the facts charged in this case before December 17, 2016, among the facts charged in this case, among the facts charged in violation of the Act on Specialized Credit Financial Business against the Defendants, the following is the following: (i) the daily list of crimes (1) through (18), (4) the daily list of crimes attached to the judgment of the court below; (ii) the attempted violation of the Act on Specialized Credit Financial Business; (iii) the attempted violation of the Act on Specialized Credit Financial Business; and (iv) the crime list (2) the net time and 23; (5) the daily list of crimes (1) through 154; and (5) the fraud.

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