Defendants shall be punished by imprisonment for one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

A. misunderstanding the legal principles, UOB card U (No. 41) is an object provided for a crime, and must be confiscated upon meeting the requirements for confiscation under the Criminal Act. However, the judgment of the court below which omitted this is erroneous in the misapprehension of the legal principles as to confiscation.

B. The lower court’s respective sentences (for the Defendants: one year and six months of imprisonment and three years of suspended execution) against the illegal Defendants are deemed to be too uneasible and unfair.

2. Determination

A. Article 48(1)1 of the Criminal Act provides for “goods provided or intended to be provided to a criminal act” as objects that may be confiscated.

In this context, "goods provided for criminal conduct" means goods used for criminal conduct or conduct closely related to such conduct, and "goods to be provided for criminal conduct" means goods that have been prepared to be used for criminal conduct, but have not been actually used.

According to the records, subparagraph 41 (UB card U) of seized No. 41 (UB card) was used by Defendant B as an accomplice of “F” and was used to recover money when money falls short of money during his stay in Korea for a criminal act. Thus, the court below did not confiscate this even though it is clear that an article was provided or intended to be provided for the criminal act of this case. In such a case, the court below erred by misapprehending the legal principles on the requirements of confiscation or failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

As such, the prosecutor's allegation pointing this out is with merit.

B. The crime of this case was committed in collusion with the defendants to use a forged credit card, to defraud the victims by deceiving them or to obtain pecuniary benefits, and the crime was of significant importance in light of the content of the crime and the amount of the defraudation.