절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
A. In the trial of the amendment of the indictment, the prosecutor applied for the amendment of the indictment with respect to the larceny of the portable phone among the facts charged in the instant case as “E (E (53 )” to “the victim’s influence,” and the damaged article from “ Samsung Galg Galgal ju, the market price of which is equivalent to KRW 650,000,000,” and the subject of the judgment was changed by this court.
Since the above crime and the rest of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced, the judgment of the court below cannot be maintained any more.
B. We examine the judgment of the court below on the charge of violation of the Act on Specialized Credit Financial Business concerning the violation of the Act on Specialized Credit Financial Business.
In a case where a single and continuous criminal act repeatedly committed the same kind of crime under the same or similar criminal intent for a certain period and the benefit and protection of the same legal interest is identical, each of the crimes shall be deemed a single comprehensive crime (see Supreme Court Decision 96Do1181, Jul. 12, 1996, etc.). Examining the aforementioned legal principles and the evidence duly adopted and investigated by the court below, the Defendant’s unlawful use of a stolen credit card on five occasions from Oct. 18, 2015 to Oct. 21, 2015, as indicated in the facts constituting the crime in the judgment of the court below, committed a single and continuous act of the same kind with the intent to purchase goods from the stolen credit card member stores by the same and continuous criminal intent, as well as the benefit and protection of the law from the unlawful use of each credit card are identical to all the same in the same way as the safety of transaction using the same credit card and the trust to the public.