2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). The following are favorable sentencing factors for the Defendants: (a) Defendant A suffers from health difficulties due to confinement life; (b) Defendant B led to a confession of a crime from the investigation stage; and (c) there was no record of criminal punishment in China; (b) Defendants appears to have committed the instant crime under the direction of E, etc.; and (c) the Defendants appears to have committed the instant crime by the forged credit card transaction, even if the transaction with the forged credit card is approved,

However, considering the fact that the statutory punishment for forgery of credit cards under the Specialized Credit Financial Business Act is very serious criminal with imprisonment for not more than seven years or a fine not exceeding 50 million won, ② the use of forged credit cards is generalized and foreigners’ entry and departure is frequent, the Defendants’ use of forged credit cards in Korea is more likely to use it as foreigners’ status. Furthermore, in the case of Jeju Special Self-Governing Province, the Defendants freely allow entry and departure from Jeju Special Self-Governing Province without a visa. The Defendants’ entry and departure from Jeju Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City is likely to cause damage to other foreign tourists, etc., and the purpose of entry and departure from Jeju Special Act on the Development of Jeju Special Self-Governing Province