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(영문) 제주지방법원 2020.08.13 2020노292
여신전문금융업법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 of the seized evidence shall be charged to the defendant.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The Defendant’s criminal liability is heavy in light of the following: (a) a person who uses forged credit cards that are determined on the grounds of appeal threatens the foundation of credit transaction order; (b) a large number of forged credit cards and attempted to make payment by using them; and (c) an interview or risk with other forged credit cards and attempted to make payment several times even if the approval of payment was refused; and (d) an interview or risk with other forged credit cards.

However, in full view of all the sentencing conditions in the instant case, including the defendant's age, character and conduct, motive and attitude of the crime, and circumstances after the crime, most of the instant crimes are attempted by the refusal to approve the settlement, and the fraud committed by the defendant is relatively small to KRW 70,000,00,000.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reasons for the judgment in multiple times】 The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are cited as “credit card (number I)” in Section 6 of the judgment of the court below, and except that “18:27:34” is deemed as “18:27:4” in the column 2 of the list of crimes attached to the judgment of the court below as “18:27:41” and it is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 70 (1) 2 of the Specialized Credit Finance Business Act concerning facts constituting an offense, Article 70 (1) of the Specialized Credit Finance Business Act, Article 30 of the Criminal Act, Article 70 (6) and (1) 2 of the Specialized Credit Finance Business Act, and Article 30 of the Criminal Act.

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