A. The sentence imposed by the lower court (one month of imprisonment and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the following facts are considered as favorable to the Defendant: (a) the Defendant recognized all the facts charged in the instant case; and (b) the Defendant has not committed a criminal offense; and (c) the Defendant has no criminal record.

On the other hand, the crime of this case was committed by the Defendant under the proposal that “the Defendant is engaged in illegal casino and sports discussions, who withdraws cash with the check card and then would receive 5 to 7% of the cash withdrawal amount from other accounts.” The crime of this case was committed with a total of six physical cards, and the crime was committed in light of the motive, circumstance, and contents of the crime. The Defendant was sentenced two times of suspended sentence of imprisonment, three times of criminal punishment of fines. In particular, on August 30, 2018, the Defendant committed the crime of this case without being aware of the punishment of 6 months of imprisonment, one year of suspended sentence, and eight million won of fine due to fraud, etc., and committed the crime of this case during the suspended sentence period.

Furthermore, considering the following facts: (a) there is no special change in circumstances to change the sentence of the lower court after the pronouncement of the lower judgment; and (b) the Defendant’s age, occupation, character and conduct, environment, family relationship, circumstances after the commission of the crime, and various conditions of sentencing as stated in the present case’s pleadings, such as the Defendant’s age, occupation, character and conduct, circumstances, family relationship, and circumstances after the commission of the crime, the lower court’

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.