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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
No. 1 of the seized evidence shall be charged to the defendant.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is deemed to be too uneasible and unfair.
2. Prior to the judgment on the grounds of appeal ex officio, the defendant had a single criminal intent to purchase goods from the member stores with the stolen card, and repeatedly committed the act of unlawful use of credit card, which is the same kind of crime, while the criminal intent is pending, and all of the legal benefits from the illegal use of the credit card, are the same as the safety of transactions using the same credit card and the trust among the public. Thus, the defendant's act of unlawful use of the same credit card constitutes a single crime (see Supreme Court Decision 96Do1181, Jul. 12, 1996). The court below dealt with the same credit card as a concurrent crime, which constitutes a single comprehensive crime, and therefore, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and evidence acknowledged by the court below is as follows, with the exception that "an investigation report (in relation to the details of the use of a card and the repayment of damage)," and "an investigation report (in relation to the details of the use of a card and the payment of damage, with respect to the card slips used by a suspect)," and "an investigation report" as "the report on the specific cell phone," and "an investigation report on the specific cell phone," as stated in the corresponding column of the court below, are the same as stated in the corresponding column of the court below in Article 369 of the Criminal Procedure Act, since it is true in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;