A defendant shall be punished by imprisonment for not more than ten months.

Defendant

The punishment of the original judgment of the second instance (ten months of imprisonment) is too unreasonable.

The sentence of the original judgment of the prosecutor (two years of suspended execution in August, and probation) of the first instance judgment is too unhued and unfair.

We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment of ex officio.

This Court held two appeals cases against the defendant jointly and tried by the two original judgments, and since the crime in the decision of each original court is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the original judgment cannot be maintained any more.

Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's and prosecutor's assertion of unfair sentencing, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court against the defendant is the same as the corresponding column of each judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act, each of the choice of punishment, Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 70 (1) 3 of the Specialized Credit Finance Business Act ( comprehensively including the use of stolen credit cards), Article 239 (1) of the Criminal Act, Article 239 (2) and (1) of the Criminal Act, Article 239 (2) of the Criminal Act, and Article 239 (1) of the Criminal Act;

1. Among concurrent offenders, there is a record of being punished twice by a fine for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, each of the crimes in the judgment of the first instance court is no more than 4.1 million won in total, and no effort is made to recover damage or no agreement is made with the victims, and each of the crimes in the judgment of the second instance is no more than KRW 4.1 million in total.