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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.
2. The crime of this case was committed with the credit card issued under the name of B without the consent of the father who is a small father, and was committed in 224 times from July 8, 2009 to June 2, 2015 by withdrawing and thefting the cash amounting to KRW 145,60,000 in total as the name of cash services, etc. for a total of 224 occasions, which is disadvantageous to the defendant. The fact that the defendant agreed with the victims or was unable to receive the letter from the victims during the trial is unfavorable to the defendant.
On the other hand, there is no record of criminal punishment or criminal punishment exceeding a fine for the same crime prior to the recognition of the crime of this case and the mistake of the defendant, and there is no record of criminal punishment beyond a fine for the same crime, the actual amount of damage suffered by the victims due to the crime of this case is about KRW 23 million, and the defendant repaid approximately KRW 7,100,00 to the victims up to the trial of the party, and promised to faithfully repay the damage in the future.
In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.