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(영문) 제주지방법원 2016.08.11 2016노202
여신전문금융업법위반등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of eight months.

evidence of seizure.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment for Defendant A and eight months of imprisonment for Defendant B) is too unreasonable.

2. Prior to the judgment on the reasoning of appeal by the Defendants ex officio, the prosecutor examined the following facts: “Defendant A contact with E, F, which is located in the territory of Canada or below by using the Chinese Mesenssenssenssen, telephone, etc. at the early July 2015 when the first instance court held on the grounds of appeal by the Defendants: (a) Defendant A interfered with or opened a credit card merchant with the use of the forged credit card; (b) Defendant A interfered with or opened a credit card merchant with the name of the credit card merchant that can use the forged credit card; and (c) Defendant A, upon request from the above E, shared the role of opening a credit card merchant that can use the forged credit card in its name; and (d) Defendant A, H, and I shared profits by using the forged credit card under the Act by fraud.

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court, and the judgment of the court below was no longer maintained as it is.

3. Therefore, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair argument of sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is identical to the facts constituting a crime of the judgment below in addition to changing the facts constituting a crime of the court below as set forth in paragraph 2 of the above Article, and therefore, it is also accepted by Article 369 of the Criminal Procedure Act.

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