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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant, ex officio, had a single criminal intent to purchase goods or receive services from the member stores with a stolen card, and repeatedly committed an act of unlawful use of a debit card, which is the same kind of crime, by the same method while the criminal's intent is pending, and all of the legal benefits from unlawful use of the above debit card are the same as the safety of transaction using the above debit card and the trust of the public. Thus, the defendant's act of unlawful use of the same debit card constitutes a crime of single use by including the above act of the defendant.
(See Supreme Court Decision 96Do1181 delivered on July 12, 1996, etc.). Nevertheless, the court below erred by misunderstanding the legal principles of the number of crimes and concurrent crimes, and the part of the violation of the Specialized Credit Financial Business Act and the remaining part of the decision of the court below which sentenced one punishment by treating the same as concurrent crimes under the former part of Article 37 of the Criminal Act cannot be maintained in this respect.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70 of the Specialized Credit Finance Business Act.