A defendant shall be punished by imprisonment for not less than eight months.

2. Before the grounds of appeal by the Defendant, the Prosecutor applied for changes in the indictment of this case as stated in the facts charged in the following facts, and the subject of the judgment by this court was changed by allowing it. Thus, the judgment of the court below cannot be maintained as it is.

3. If so, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and it is again decided as follows.

Criminal facts

The Defendant stolen the above credit card with the knowledge of the password of the credit card combined with the C’s cash card, which is in the ordinary street store, and subsequently sentenced the Defendant to withdraw cash with the above credit card or use it for personal purposes by receiving cash services.

1. On March 2, 2011, the Defendant: (a) around 21:00, on the part of the victim C, parked in the northwest of the Gangnam-gu Seoul Southern apartment, Gangnam-gu, 991-11, the Defendant: (b) carried a new card owned by the victim from the victim’s wall located on his/her own seat; and (c) stolen it.

2. On March 2, 2011, between 21:13 and 21:14, the Defendant: (a) collected the stolen card and then divided the password, which was known prior to the transaction, and then withdrawn cash KRW 2 million from the new bank account under C’s name, and stolen cash KRW 2 million against the victim’s will against the victim’s new bank.

3. On March 3, 201, between 07:38 and 07:43, the Defendant: (a) at the cash withdrawal period set up at the same branch of the said new bank; and (b) in the same manner as the foregoing 2, the new bank in the name of C.