사기등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for ten months.
The defendant as to any seized evidence 1 to 8.
1. The main point of the grounds for appeal is that each sentence of the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.
2. The Defendants intended to depart from the Republic of Korea immediately after purchasing an article with a forged credit card prepared in advance. In light of the fact that each of the instant crimes harms the safety of the transaction of credit cards and disturbs the sound order in the distribution of credit cards, and that the nature of the crime is not good. In order to prevent the occurrence of high risk of personality and conduct of the criminal act of the same or similar method by an overseas criminal organization, it is necessary to punish the Defendants with severe and limited punishment regardless of the degree of the crime, in order to prevent it.
However, in light of the fact that most of the damages caused by each of the instant crimes were recovered and there is little substantial damage, and the circumstances in which the Defendants were inevitably involved in the instant crime to resolve the damages caused by the instant crimes by Malaysia, the mother State, have been peeped, and there is room for consideration of the circumstances and the degree of participation in the instant crime. The Defendants were detained for about three months in the instant case, and the Defendants are in profoundly against the Defendants, and the Defendants’ family members are obliged to support the Defendants in a prolonged period of time, and there is considerable likelihood of considerable difficulty in maintaining their family’s livelihood when the Defendants’ detention is prolonged, the lower court’s punishment for one year and two months against the Defendants seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' respective appeals are with merit, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is as follows: the summary of the evidence in the judgment of the court below is "each of the defendants' respective legal statements".