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(영문) 서울중앙지방법원 2013.10.24 2013노2725
여신전문금융업법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, confiscation) declared by the court below is too unhued and unreasonable.

2. The crime of this case is a systematic and intelligent crime that causes disturbance to international credit card transaction order as a result of the Defendant’s acquisition of, or attempted acquisition of, property by using a forged credit card and identification card as an alien. Therefore, it is highly necessary to punish the person who participated in the crime. On the other hand, the Handphone of this case is returned to the victim, and the settlement amount is limited to KRW 95,980,000,000,000, and the other hand, the profits gained by the Defendant from the attempted crime is not substantial; the role or the degree of participation by the Defendant; the defendant’s age, character and behavior and environment; the motive, means and consequence of the crime; the circumstances after the crime, etc. are considered, and thus, the prosecutor’s assertion has no merit.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, in the second sentence of the judgment of the court below, the "1,963,00 won" is an erroneous entry of "1,936,000 won", and it is apparent that the last part of the judgment of the court is omitted from the list of offenses, and therefore, it is correct ex officio by correcting it in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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