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(영문) 수원지방법원 2013.09.12 2013노3047
여신전문금융업법위반등
Text

The judgment below

The part concerning the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal asserts that the sentence of the lower court (one year of imprisonment) is too unreasonable.

2. One-string, although the crime of this case committed by the defendant was committed by using a forged credit card as if it was a legitimate credit card and the crime of violation of the Specialized Credit Financial Business Act, causing serious harm to the social trust in credit transactions, the frequency of the crime has reached 12 times, and the co-defendant A of the court below did not appear to have agreed with the victims or made efforts to recover from damage. However, the circumstances of the defendant did not appear to have been against the victim's wrong recognition, the first offender who has no record of all the crimes, the period of the crime using a forged credit card is about 4 days, the total amount is about 11 million won, the amount of damage is about 40,000 won (see, e.g., record of evidence), the fact that the defendant actually acquired the credit card was voluntarily present at the investigation agency (see, e., the record of evidence records), and other circumstances of the crime of this case, the background and contents of the defendant's age, character and behavior, the defendant's environment, occupation, etc.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) and Article 30 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 347(1) and Article 30 of the Criminal Act, Article 70(1)2 of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act.

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