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(영문) 서울중앙지방법원 2017.05.18 2016노3952
여신전문금융업법위반등
Text

The part of the judgment of the court below No. 1 and No. 2 and the judgment of the court below No. 3 are reversed, respectively.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (the court below's judgment: 2 years of imprisonment with prison labor for Defendant A; 1 year and 6 months of imprisonment with prison labor for Defendant B; 10 months of imprisonment with prison labor for Defendant D; 2 months of imprisonment for Defendant A; 3 months of imprisonment with prison labor for Defendant B; 2 months of imprisonment with prison labor for Defendant D; 3 months of imprisonment for Defendant D; 1 month of imprisonment with prison labor for Defendant A and 1 month of imprisonment for Defendant B) are too unreasonable.

2. The defendants filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of each of the above cases. Since each of the offenses of the judgment of the court below is related to concurrent crimes under the former part of Article 37 of the Criminal Act, a single sentence should be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The conclusion of the judgment below is that there is a history of reversal as seen above. Thus, without examining the Defendants’ unfair assertion of sentencing, all of the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the relevant legal provisions and punishment regarding criminal facts: Each of the Defendants of the choice of punishment: Article 70 (1) 2 of the Act on Specialized Credit Financial Business; Article 30 of the Criminal Act (the use of each forged credit card); Articles 347 (1) and 30 of the Criminal Act (the use of each forged credit card); Articles 70 (6) and 70 (1) 2 of the Act on Specialized Credit Financial Business; Article 30 of the Criminal Act (the attempted use of each forged credit card); Articles 352 and 347 (1) of the Criminal Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act (the attempted use of each falsified credit card); Article 70 (1) 1 of the Act on Specialized Credit Financial Business; Article 30 of the Criminal Act (the use of each falsified credit card); each credit card); and selection of imprisonment with prison labor;

1. Defendants who aggravated concurrent crimes: Article 37 of the Criminal Act.

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