The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The instant crime committed on board is an unfavorable circumstance where the Defendant repeatedly steals the victim’s property throughout a number of months, forged a new contract to enter a mobile phone in the name of another person to use it, and the crime is bad in light of the course and details of the crime, and the damage amount exceeds KRW 78 million, and most damage amount is not recovered.

However, in full view of the facts that the Defendant led to the instant crime, the first offender, and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age and behavior environment, and the circumstances before and after the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 332 and 329 of the Criminal Act (generally, the point of habitual theft), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act competition among the crimes of uttering of a falsified investigative document;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;