The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence No. 2, which was seized, shall be from the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) against the Defendant is too weak or unreasonable.

2. Prior to determining ex officio as to the reasons for appeal by a public prosecutor and a defendant, where the reason for return to the victim is apparent, it shall be sentenced to return to the victim by judgment (Article 333(1) of the Criminal Procedure Act). In such a case, according to evidence duly adopted and examined by the court below, evidence No. 1 of the seized evidence (2.1 of the Bank of Korea), is the stolen acquired through the instant crime, and was owned by the victim B, and thus, the court below omitted the above seized article, even though it had been returned to the above victim.

Therefore, the court below erred by misapprehending the legal principles on the return of victims, which affected the conclusion of the judgment.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the unfair arguments by the prosecutor and the defendant on the grounds of reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and the summary of evidence are as follows. Except where the part of "victims" of the judgment below's 12 criminal history is applied to "the defendant," the part of "victims" of the judgment below is as stated in the corresponding column of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment with labor;

1. Article 48(1)1 of the Criminal Act for forfeiture (as to evidence No. 2)

1. The instant crime, subject to Article 333(1) (Evidence No. 1) of the Victim Return Criminal Procedure Act, was committed by a large number of unspecified victims, on a systematic and professional basis, after sharing the role of a large number of people in accordance with a thorough plan.