A defendant shall be punished by imprisonment for not less than two years and six months.

Seized identification cards (H. of the Office of State Administration).

A. As to the larceny of a new bank and the fraud of using a computer against the victim citizen card corporation in the facts of the crime stated in the judgment of KRW 2 of the judgment of the court below, since the Defendant received cash services and loans with the consent of a credit card holder B, it does not constitute larceny and fraud of using a computer.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. Sentencing 1) The respective sentences of the Defendant’s judgment (No. 1: imprisonment with prison labor for 2 years, confiscation, and confiscation for 2 years: imprisonment with prison labor for 1 year) are too unreasonable.

2) The determination of the first original adjudication of the Prosecutor is too unfluent and unfair.

2. Judgment on the Defendant’s assertion of mistake of facts

A. On February 20, 2012, the thief Defendant: (a) stated, around February 20, 2012, that “A thief was changed to a card which becomes a transportation card; and (b) received B’s new card.”

On February 21, 2012, the Defendant posted a card to a new bank automation device located near the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, without permission from B, and then withdrawn KRW 300,000 as a credit loan loan by the same method at the same place until February 23, 2012, including withdrawing KRW 9 million in total at the same place, and stolen KRW 9 million in cash owned by the new bank owned by the victim.

2) On March 11, 2012, the Defendant used computers, etc.: (a) called “B” and “B’s national card and mobile phone phone numbered by creating money from the company with an employee to make the national card to the company; and (b) there was a change in mobile phone number; and (c) it received B’s personal card and mobile phone numbered.”

The defendant shall use his card and mobile phone in Yongsan-gu Seoul Metropolitan Government without the consent of B on the same day.