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The judgment below
Part concerning Defendant A, B, and D among them shall be reversed.
Defendant
A and B shall be punished by imprisonment for a year and four months, and the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant B, C, and D (misunderstanding of facts and Sentencing): The Defendants did not forge a credit card, used it as a forged credit card holder, and was aware of the name of the card-based tin.
Nevertheless, the court below erred by misapprehending the facts charged in this case.
The sentence of the court below is too heavy.
B. Prosecutor (unfair sentencing): The lower court’s sentence against the Defendants is too minor.
2. Ex officio judgment (A, B, and D's fraud and attempted fraud) (A, B, and D's Amendments to Bill of Indictment) A, B, and D's (2017 Height 3082), among the facts charged in the case, the prosecutor applied for the amendments to Bill of Indictment with the following changes. Since this court's permission was changed, the part of the judgment of the court below as to the defendant A, B, and D can no longer be maintained.
However, despite the above reasons for reversal ex officio, Defendant B and D's assertion of mistake is still subject to the judgment of this court, and this is examined by changing the claim.
[Revised facts charged] Defendant A, B, and D, along with L, intended to obtain approval for credit card payment from the aforementioned NN real estate on February 27, 2017 by using a false credit card copy, as stated in Section 1(a) of the crime of the lower judgment, with the intention of obtaining approval for the settlement of the payment amount of KRW 800,00,00 from the KN real estate, and obtained approval for false sales, but did not intend to obtain the approval for the settlement from one credit card, but did not result in the refusal of approval for the credit card.
Accordingly, Defendant A, B, and D, in collusion with L, etc., shall use forged credit cards, such as those in attached Form 2 (i.e., “the result” No. 5, No. 6, and No. 47) of the judgment of the court below, from February 27, 2017 to March 3, 2017, using forged credit cards, which are equivalent to KRW 3,901,00,00 in total, twice.