Defendant

Each appeal by the prosecutor is dismissed.

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (one year of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine both the defendant and prosecutor's grounds for appeal.

The crime of this case is committed in a situation unfavorable to the defendant, such as the fact that he/she had a planned forged credit card and enters the Republic of Korea, which is not good in the nature of the crime, the amount and frequency of the credit card use, and the amount and frequency that he/she attempted to acquire by fraud.

However, in full view of the following: (a) the Defendant’s mistake recognized by mistake, the actual defrauded amount is not so big, and the fraud is also recovered considerably; (b) there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the judgment of the court below was rendered; and (c) other sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentencing of the court below is too heavy or unreasonable beyond the reasonable scope of discretion.

3. Accordingly, each appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as there is no ground.