A defendant shall be punished by imprisonment for four months.

2. The Defendant was punished by a fine of three times from 2011 to 2018 due to a crime committed after acquiring or stealing another person’s credit card, and was subject to a suspended sentence of six months and a probation order for 2 years in 2018.

The Defendant committed the instant crime again before three months have passed since the judgment of probation became final and conclusive.

On the other hand, the defendant shows an attitude to recognize and reflect the crime of this case, and is a mentally handicapped person, it seems to have affected the crime of this case.

When comprehensively considering the fact that the amount of damage caused by the instant crime is a small amount, the suspension of the execution of the said imprisonment is invalidated if this judgment becomes final and conclusive, and all of the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, environment, family relationship, and the background of the instant crime, the lower court’s punishment is too unlimited to reduce.

Therefore, the defendant's assertion of unfair sentencing is justified.

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.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning 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), Article 70(1)3 of the Specialized Credit Finance Business Act (the point of use of lost credit cards) and the choice of imprisonment for each sentence;

1. Various circumstances examined in the judgment on the Defendant’s allegation of unfair sentencing on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders.