The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Two copies (No. 1) of the Agricultural Cooperative Card that was seized.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant committed the crime of habitual larceny of this case again during the period of repeated crime of the same kind even though he/she had been sentenced to imprisonment several times due to the same criminal act, and did not recover damage to victims, etc. is disadvantageous to the sentencing.

However, even though the defendant recognized each of the crimes of this case and reflects on the fact that the defendant committed the theft of this case, even though it was recognized that there was a habit of larceny, the crime of habitual larceny of this case is only one time, and the damage amount is relatively small, and the damage amount of fraud is relatively small. The statutory punishment is unfasible compared to the judgment subject to a retrial due to changes in applicable provisions on habitual larceny through changes in indictments after the new trial was commenced, and the motive, circumstance, means and consequence of each of the crimes of this case, the circumstances after the crime, the age, character and behavior, environment, and other records and arguments are considered as above disadvantageous circumstances, the court below's punishment is too unreasonable.

Therefore, the defendant's above assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.

[Separate Judgment] The criminal facts and the summary of evidence recognized by the court are identical to the corresponding column of the judgment of the court below, except where "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" in Part 6 of the judgment of the court below is deemed as "Habitual larceny". Thus, it is also accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 332 of the Criminal Act, Articles 32 and 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1) of the Specialized Credit Financial Business Act.