All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

The judgment of the court of first instance on March 5, 2019 among the facts charged.

1. Summary of grounds for appeal;

A. Of the original judgment of the first instance, the Defendant did not commit the thief crime against the victim B (hereinafter “thief crime of March 5, 2019”) and the crime of fraud by using computers, etc. against the victim B (hereinafter “Fraud by using computers, etc.”) on March 5, 2019.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal principles.

B. Each sentence of unfair sentencing (the first judgment of the court below: imprisonment with prison labor for 2 years and imprisonment for 1 month) of the court below is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second judgments on the defendant's grounds for appeal were rendered, and the defendant filed an appeal against each of the above judgment of the court below, and this court decided to hold concurrent hearings. Each of the crimes of the first and second judgments on the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

However, even if there are such reasons for ex officio destruction, the argument that the defendant's mistake of facts regarding the larceny crime of March 5, 2019 among the judgment of the first instance court and the crime of fraud by use of computers, etc. of March 5, 2019 is still subject to the judgment of this court, and it is examined below as follows.

B. As to the assertion of mistake of facts, the summary of the charge concerning larceny as of March 5, 2019 and the charge concerning the crime of larceny by using the computer, etc. as of March 5, 2019 ① The summary of the charge concerning larceny as of March 5, 2019 is habitually, the Defendant, from March 5, 2019 to March 5, 2019, and from March 08:30 to 21:20 on the same day, Samsungphone, the victim’s market value, which was displayed at the charge for filling the cell phone of the above L, as of March 5, 2019, is worth KRW 1 million.