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The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (one million won in penalty) imposed by the court below is too unfased.
2. Prior to the ex officio determination of the prosecutor’s unfair determination of sentencing, we examine the violation of the Act on Specialized Credit Financial Business due to the use of credit cards in the “L pharmacy” among the facts charged in the instant case.
A. On April 3, 2015, at around 13:34, 2015, the Defendant and C, and D conspired to offer to K one copy of the national bank card in the name of M that C embezzled out of possession for the payment of the purchase price of goods equivalent to KRW 1.20,000,000, the market price of the above pharmacy was KRW 40,000,000,000 at the Jung-gu Seoul Central District Court (hereinafter “the instant credit card”). However, in the process of settling with the instant credit card, the credit card was lost and the approval for payment was refused.
Accordingly, the defendant, C, and D conspired to use lost or stolen credit cards.
B. 1) Article 70(1) of the Act on Financial Business Specializing in Credit Business provides that a person who sells or uses a lost or stolen credit card or debit card shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 50 million won. The requisite act of the crime of the crime of the crime of the use of a credit card refers to a series of acts by which a credit card holder presents a credit card to a credit card store for the payment of the price for the original use of the credit card and signed and delivered it on the sales slip (see Supreme Court Decisions 92Do77, Jun. 9, 192; 93Do604, Nov. 23, 1993, etc.). Thus, the mere presentation of a credit card cannot be deemed as completion of the act of the use of the credit card solely on the basis of the presentation of the credit card.