All judgment of the court below shall be reversed.

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

the credit card of one bank, seized.

1. The main point of the grounds for appeal is that the punishment of the lower court (one year, and six months, imprisonment with prison labor) is too unreasonable.

2. Ex officio determination

A. We examine ex officio prior to the judgment on the grounds for the consolidated examination.

The first and second court rendered a judgment after having completed a separate hearing against the defendant, and the defendant filed an appeal against each judgment of the court below, and this court decided to consolidate the above two appeals cases.

Each of the crimes of the court below against the defendant in the first and second concurrent crimes under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of a limited term of punishment for concurrent crimes under Article 38 of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained any more.

B. In the trial of the court below on the amendment of the indictment, the prosecutor applied for the amendment of the indictment to delete 35,000 won in cash from among the stolens in paragraph (1) of the indictment of the court below, and since this court permitted it, the judgment of the court below of the second instance cannot be maintained any more in this respect.

3. Accordingly, 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, and it is again decided as follows.

[Dao-written judgment] Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of each judgment of the court below, except for deletion of KRW 35,000 in cash from among the thefts of paragraph (1) of the crime of the second judgment. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) of the Criminal Act (the occupation of special larceny) concerning facts constituting an offense, and Article 362(1) of the Criminal Act (the occupation of acquiring stolens and the choice of imprisonment) of the Criminal Act;