사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant used a credit card issued by Gyeongnam Bank Co., Ltd. (hereinafter “victim”) from August 1, 2012 to September 10, 2012 when the Defendant committed the instant crime, even though it was difficult to pay interest each month due to the aggravation of the company’s finance at the time of the instant crime, and there was no economic ability; (b) the Defendant was unable to pay the amount of damage to the victim even in the name of KRW 40,073,760 from August 1, 2012; and (c) the Defendant was planned to commit the instant crime; and (d) deemed to have committed the instant crime and had no intent to recover from the damage. In light of the fact that the sentence (two years of imprisonment with labor for six months and 120 hours
2. Taking into account the circumstances alleged by the judgment prosecutor, the following facts are considered: (a) the Defendant confessions and reflects the Defendant; (b) the Defendant operated a stock company D with the purpose of manufacturing industrial machinery; (c) was faced with difficulties in operating the company; and (d) partially used the instant crime to pay back obligations to the creditors of the company; (d) the Defendant did not have any criminal records exceeding the same criminal records or fines; and (e) the Defendant’s character, conduct and environment; and (e) the background and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the Defendant’s punishment imposed by the court below cannot be deemed unfair
3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.