The part against the defendant shall be reversed.

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

2. The crime of this case, even though the Defendant did not sell a mobile phone, was found to have stolen the personal information of customers and entered them into the computer, and subsequently stolen the cell phone device at the store. In light of the method and form of the crime, the criminal liability is grave; the Defendant committed each of the crimes of this case repeatedly without being aware of even during the period of suspension of execution; the amount of damage exceeds 18 million won; and the Defendant spread the criminal law to other employees.

However, in full view of the following facts: (a) the Defendant reflects his mistake; (b) the case of fraud, etc. for which judgment becomes final and conclusive; (c) the sentence should be determined in consideration of equity and the case of fraud; (d) the victim’s damage was restored to a considerable part; (e) the victim agreed with the victim; and (e) the victim wanted the Defendant’s wife; and (e) the Defendant’s age, character and conduct, health conditions, family relationship, motive and circumstance of the crime; and (e) the sentencing conditions, such as the circumstances of the crime

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding part of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 329 of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, this case’s grounds for reversal of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.