logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.10.16 2020노1762
공기호위조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court (one year and six months of imprisonment) is too unreasonable.

The defense counsel seeks ex officio determination on the establishment of crime of fabrication of registration number plates, and even if ex officio examination is conducted, the crime of violation of the Automobile Management Act and the crime of forgery of air defense is recognized.

2. The judgment of the defendant embezzled approximately KRW 116 million, including the selling price of cosmetics he/she has collected for more than five years; in white paper, the car registration number is written in a test color; and the registration number is forged by the method of attaching it on the vehicle; each of the crimes of this case lending two copies of the means of access linked to his/her account is not easy; the defendant committed the secondary embezzlement even though he/she provided an opportunity for the victim company to lend funds to the defendant after his/her initial embezzlement was discovered; the means of access leased by the defendant was actually used for the fraud; and most of the damage to the occupational embezzlement was not recovered.

On the other hand, it is advantageous to the fact that the defendant reflects the mistake, the degree of forgery of the registration number plate does not seem to be obvious, the defendant partially repaid the amount of damage to the crime of occupational embezzlement, and the defendant does not have any criminal record exceeding the same criminal record or fine.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment cannot be deemed to be too unreasonable.

3. Correction of the original judgment

1. Article 78 subparagraph 2 of the relevant Act, Article 71 (1) of the Automobile Management Act, Articles 356 and 355 (1) of the Criminal Act, Article 238 (1) of the Criminal Act, and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a point of lending an access medium) concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

arrow