(영문) 인천지방법원 2013.07.12 2013노1397 | 리걸엔진

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(영문) 인천지방법원 2013.07.12 2013노1397

사기등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that C had stolen the debit cards owned by G, and C was outside of convenience points at the time of use of the debit cards at convenience stores, etc. and did not use the stolen debit cards or acquire the stolen property in collusion with C.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (a fine of KRW 700,000) against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, it can be recognized that C has stolen a debit card owned by G from the Defendant, and thereafter, it can be recognized that C used the above debit card that C stolen from the telecom and convenience store, etc. as stated in the facts constituting the crime in the judgment of the court below, and acquired the property by deceiving the victims.

Therefore, the defendant's above assertion is not accepted.

B. Each of the instant crimes committed with respect to the assertion of unfair sentencing is an unfavorable circumstance against the Defendant, such as: (a) the Defendant stolen property from the victims by using a stolen debit card, along with C; (b) the nature of the relevant crime is not weak; (c) the Defendant denies each of the instant crimes; and (d) the Defendant did not agree with the victims.

However, in full view of the following: (a) the Defendant appears to have led each of the crimes of this case, such as direct use of debit cards at convenience stores and cartels; and (b) the Defendant has no other penalty power, other than once a fine due to the crime of this case; (c) the background leading the Defendant to each of the crimes of this case; and (d) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the crime, etc., the lower court’s punishment against

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