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(영문) 서울중앙지방법원 2014.12.18 2014노3770
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 through 6 of seized evidence shall be charged to the defendant.

Reasons

The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable to maintain the grounds for appeal.

The lower court omitted the declaration of forfeiture of a public prosecutor, which omitted, committed an error by omitting the sentence of forfeiture of the said card, even though the credit card No. 6 (Ameras Gacul Gacs faculed credit card, card number J) that the Defendant intended to provide for a crime.

The sentence imposed by the court below of unfair sentencing is too uneasible and unfair.

According to the records of the judgment on the prosecutor’s assertion of omission of a sentence of forfeiture, the seized evidence No. 6 Ameras credit card forgery is a thing for which the defendant intended to provide for the instant crime, and is subject to voluntary forfeiture in accordance with Article 48(1) of the Criminal Act.

In light of the general fact that the confiscation of goods provided by the criminal act in the case similar to this case cannot be ruled out unless the goods subject to voluntary confiscation are confiscated, the confiscation of goods provided by the criminal act cannot be ruled out unless the goods subject to voluntary confiscation are confiscated, and the course and method of the criminal act in this case, etc., the court below committed an unlawful act that affected the conclusion of the judgment since the failure of the court below to sentence the above confiscated goods without any special reason deviates from the discretionary power over discretionary confiscation, and thus, the prosecutor

In conclusion, the prosecutor's appeal is reasonable. Thus, the decision of the court below is reversed pursuant to Article 326 (6) of the Criminal Procedure Act without examining the defendant and prosecutor's argument of unfair sentencing, and the following decision is again rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of 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. The point of attempted fraud under Articles 347(1) (Fraud and choice of imprisonment), 352 and 347(1) of the Criminal Act as to the criminal facts under applicable law.

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