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

2. The Defendant had a record of criminal punishment over several occasions for the same crime. On July 21, 201, the Defendant was sentenced to ten months of imprisonment for the crime of fraud under the same law as the instant fraud, which was committed on January 16, 2012, and for which several months have not yet passed since the execution of the sentence was completed, and the Defendant committed the instant crime of this case under the same law during the period of repeated crime, in light of the Defendant’s living habits, character, conduct, and behavior, and the environment, and thus, the risk of recidivism is very high, and thus, the Defendant shall be punished for severe punishment.

However, it is deemed that the punishment imposed by the court below is somewhat heavy in light of the circumstances such as the fact that part of stolen goods are recovered and the actual damage is not large, and the defendant appears to have repeatedly committed a crime while neglecting a very rough and disorderly growth environment. In light of the circumstances such as the fact that, for the past in the time of a trial, a person is in need of an opportunity to live as a sound social person and is in need of an opportunity for it, it can be deemed that the punishment imposed by the court below is somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;