A defendant shall be punished by imprisonment for two years.

A. Defendant 2’s punishment (one year of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (the first instance court’s sentence: imprisonment of eight months, and second instance court’s sentence: the same as above) is too uneased and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor, the first and second judgments were rendered ex officio prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor, and the Defendant and the Prosecutor filed an appeal against them, respectively. This court decided to hold a joint hearing of the above two appeals cases. Each of the offenses against the Defendant’s first and second rulings on the judgment by the lower court was a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, the judgment of the lower court is unable to be maintained as it is, since it is the concurrent offense under Article 38(1) of the Criminal Act.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the part against the defendant among the judgment below. 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 Articles 331(2), 331(1) (a) of the Criminal Act regarding criminal facts, Articles 342, 331(2), and 331(1) (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 70(1)3 of the Act on Specialized Financial Business for Credit (a matter concerning attempted special larceny) (a matter concerning the use of stolen credit cards or debit cards, a matter concerning the use of each name's card, a matter concerning each name's card), Article 347(1) of the Criminal Act, Article 330 of the Criminal Act (a) (a) of the Criminal Act, and Article 330 of the Criminal Act (a matter concerning larceny at night) concerning each name's credit card and debit card);

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.