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(영문) 서울중앙지방법원 2014.06.27 2014노877
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. In light of the fact-finding of facts and misapprehension of legal principles, the judgment below which acquitted the Defendant on the violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users from September 24, 2012 to December 17, 2012, in view of the fact-finding of facts and misapprehension of legal principles, that the Defendant provided the customer database (DB) to R and received five million won, etc., the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, 160 hours of probation and community service order, confiscation) is too uneased and unreasonable.

2. An ex officio determination prosecutor filed an application with the court for the amendment of an indictment to add the following facts charged to the facts charged as criminal facts (joint principal offense) with the primary facts charged (joint principal offense) from September 24, 2012 to December 17, 2012, each fraud for which the court rendered a verdict of innocence at the court below, and from September 24, 2012, from September 24, 2012 to December 17, 2012. Since this court permitted this, the judgment of the court below was no longer maintained.

However, the prosecutor's argument of mistake of facts and misapprehension of legal principles as to the primary facts charged is still subject to a trial of the party.

3. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of the facts charged (the fact of fraud and the violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users from September 24, 2012 to December 17, 2012) is divided into “the first office” and “the second office” in the case of loans through telephone counselors, such as the instant case.

First of all, the "first office" purchased personal information leaked from government offices or domestic flowing water or from 1, 2, and 3 financial rights by hacking or by other means, and then purchased such personal information.

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