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(영문) 광주지방법원 2017.04.19 2017노1056
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is a case where a credit card was issued by forging electronic records without authority by forging such electronic records, etc., and the nature of the crime is not good, and the total amount of damage caused by the crime of this case reaches approximately KRW 200 million, etc. is disadvantageous.

On the other hand, the defendant led to the confession of the crime of this case and reflects his mistake in depth, the defendant paid 40 million won out of the amount of damage to Hyundai Card Co., Ltd. in the trial of the party, and the above victim did not want to be punished by the defendant, and there is no record of punishment exceeding the fine.

In addition, when comprehensively considering the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., and various sentencing conditions indicated in the records and the theory of changes, the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’s above assertion is reasonable, and the Prosecutor’s above assertion is without merit.

3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is added, and the following is ruled again.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 232-2 of the Criminal Act (such as private electronic records), Articles 234 and 232-2 of the Criminal Act (the use of electronic records of the above author), Article 231 of the Criminal Act (the use of private documents in the above Article), Articles 234 and 231 of the Criminal Act (the use of private documents), Article 329 of the Criminal Act (the use of private document in the event of the above investigation document), Article 329 of the Criminal Act (the use of private document), each of the criminal laws.

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