All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence of the lower court (one year of imprisonment with prison labor and four months of imprisonment with prison labor for the second instance: the first instance court) on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

The Defendant filed an appeal against the judgment below Nos. 1 and 2, and the court decided to consolidate the above cases.

However, each crime of the first and second judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and at the same time, a sentence should be sentenced. Thus, the judgment of the court below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio as above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after hearing after omitting the judgment of the court below on the defendant's unfair argument of sentencing.

【Grounds for another judgment】 The criminal facts and summary of evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Act on Specialized Credit Financial Business (Unlawful Use of Stolen Credit Cards), Article 347-2 of the Criminal Act, and choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Since the sentencing guidelines are not established for a violation of the Act on Specialized Credit Financial Business, which is related to concurrent crimes, the sentencing guidelines shall be set at the lower limit of the recommended sentence range calculated by applying the standards for handling other crimes for which the sentencing guidelines are set.

1) Fraud [Scope of Recommendation] In general frauds No. 1 (less than KRW 100 million) is an unspecified area (one year to two years) (one year and six months).