The judgment of the court below is reversed.

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

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

2. In full view of the following circumstances: (a) although the defendant had been punished several times for the same kind of crime, the fact that the defendant repeatedly committed the crime of this case is disadvantageous to the defendant; (b) the defendant led to the confession of the crime of this case; (c) the damage caused by the crime of this case is relatively minor and the damage is recovered; and (d) other circumstances that are conditions for sentencing, such as the defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., the punishment imposed by the court below is somewhat unreasonable, and thus, the defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in 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. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 329 of the Criminal Act, and Article 347 (1) of the Criminal Act (each point of fraud and each choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for an aggravated repeated crime (Provided, That the proviso to Article 42 of the Criminal Act for a crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall apply

1. Aggravation of concurrent crimes: Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment, etc. of Specific Crimes against Victims who are the largest punishment and imprisonment for concurrent crimes within the scope prescribed in the proviso to Article 42 of the Criminal Act];

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the accused as examined in the grounds for reversal);