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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and confiscation) is deemed to be too uneasy and unfair.
2. The social harm of the instant crime, which may cause harm to the safety of domestic financial transactions by bringing in and using the judged forged credit card in the Republic of Korea, and the nature of such crime is less severe in view of the expertise and organizationality of the method of such crime;
However, in full view of the fact that the defendant shows an attitude to recognize and reflect the crime, the actual amount of damage caused by the crime in substantial part of the crime was not so significant, and other all the circumstances that form the conditions for sentencing as shown in the records and arguments, such as the motive leading to the crime in this case, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too low.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 347(1) of the Criminal Act (hereinafter “Article 347(1) and Article 30 of the Criminal Act”) in the context of “Article 347(1) and Article 30(1) and (5) of the Criminal Act”, “Article 70(1) and (2) of the Criminal Act, Article 30 of the Criminal Act, “Article 70(1)2 of the Act on Specialized Credit Financial Business,” and “Article 70(1)2 of the Criminal Act, and Article 30 of the Criminal Act,” are each clerical error in the scope of “Article 364(1)2 of the Criminal Procedure Act and Article 30(1) of the Criminal Act (the use of a forged credit card) of the said Act.” Thus, it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure.”