The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment) is too unfied and unreasonable.

2. The crime of this case is deemed to have been committed on the part of the Defendant by illegally using the said credit card after the Defendant acquired another person’s credit card, and the Defendant committed the crime of this case in the same manner without being aware of the fact that the Defendant committed the crime of this case at least five times after illegally using the said credit card on the five occasions, and even after his refusal to grant approval, he did not intend to return the said credit card to the victim and throw away it back to the sewage outlet. In addition, the Defendant had the record of being punished five times for the crime of denying the said credit card, as in this case, after having already acquired or stolen another person’s credit card, and the Defendant committed the crime of this case at another time without being aware of the fact that he committed the crime of this case during the repeated crime after the completion of the execution of the final sentence.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant repaid the full amount of the credit card use fee illegally used to Nonghyup Bank; and (c) the Defendant’s age, sex, environment, relationship with the victim; (b) motive, means and consequence of the commission of the crime; and (c) other circumstances that are conditions for sentencing indicated in the record, such as circumstances after the commission of the crime, the sentence of the lower court is too unfeasible and unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.