Text
The judgment below
Among them, the violation of the Specialized Credit Financial Business Act and fraud part against the defendant is reversed.
Defendant .
Reasons
The court below found the Defendant guilty of all the facts charged in this case, and sentenced the Defendant to six months of imprisonment, two years of suspended sentence, two years of community service, 160 hours of imprisonment, and the Defendant appealed on the grounds of mistake of facts, misapprehension of legal principles, and unreasonable sentencing. The prosecutor appealed on the grounds of unfair sentencing. The court prior to remand accepted the Defendant’s appeal as to the escape of the offender among the facts charged in this case, and sentenced the Defendant to six months of imprisonment and one year of suspended sentence.
With respect to the judgment of the court of conviction before remanding, the defendant filed an appeal against the acquittal portion, and the prosecutor dismissed the prosecutor's appeal against the acquittal portion. The judgment of remanded the defendant's appeal against the conviction portion.
Therefore, since the prosecutor's appeal was dismissed and confirmed that the defendant's escape was pronounced not guilty in the judgment of the court before remand, the scope of the trial after remand is limited to the reversed guilty portion, that is, the violation of the Specialized Credit Finance Business Act, and the crime of
Summary of Grounds for Appeal
Defendant
Although there was a mistake of facts or misapprehension of legal principles that the defendant gave A a total of KRW 3.5 million over three occasions, this is limited to the cost of the defendant's request to her wife to purchase he/she was on a gift, and it does not correspond to the cost of the purchase of credit card information (the "data value" as stated in paragraph (1) of the facts charged, such as the statement in paragraph (1) of the facts charged. A, among the above 3.5 million won, he/she was aware that the defendant tried to purchase the above article with a forged credit card until the last half million won of August 19, 201.
However, the above KRW 500,000 also correspond to the purchase cost of the above sold wastes, and it is not based on the data value for forgery of credit cards.