A defendant shall be punished by imprisonment for a term of one year and four months.

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds of appeal ex officio, the Defendant, with a single criminal intent to purchase goods from the lost credit card member stores, repeatedly committed the act of unlawful use of the same credit card, which is the same crime, in the process of the criminal intent while the Defendant continued to do so. Moreover, the legal benefits from the unlawful use of the credit card are the same as the safety of transactions using the credit card and the trust of the public. Thus, the Defendant’s act of unlawful use of the same credit card constitutes a single crime by including the act of unlawful use of the credit card.

(See Supreme Court Decision 96Do1181 delivered on July 12, 1996, etc.). Nevertheless, the court below erred by misapprehending the legal principles on the number of crimes and concurrent crimes, and all of them were treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below which rendered a single punishment by treating them as concurrent crimes under the former part of Article 37 of the Criminal Act cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is decided as follows

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act of the choice of punishment (the point of embezzlement of stolen articles), Article 347(1) of the Criminal Act (Fraud), and Article 70(1)3 of the Specialized Credit Finance Business Act.