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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding two million won.
The above fine shall be imposed on the defendant.
Reasons
1. The lower court’s punishment (one year and six months of imprisonment and fine of two million won) on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the defendant is subject to criminal punishment several times, including suspended execution for one occasion due to theft and violence, and the fact that there are many victims of the instant crime, etc. are disadvantageous to the defendant.
On the other hand, however, the defendant is able to repent and reflect his wrongness.
Despite the various recommendations, there were no significant damage to the crime of larceny, fraud, and embezzlement of deserted articles, and a large number of victims were returned to the victims.
There are circumstances to consider the circumstances leading to the instant crime, where the Defendant’s health is not good, and some of the circumstances arise.
In addition, considering the various sentencing conditions shown in the records and arguments, such as the character and character environment of the defendant and the circumstances before and after the crime, the sentence imposed by the court below is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 330 of the Criminal Act applicable to the crime and Articles 330 (the thief in the night), 329 (the thief in each of the larceny, the victim AE and AH's selection of fines, the rest of larceny shall be punished by imprisonment), 260 (1) (the thief in each of the assault, the choice of imprisonment), 347 (1) (each of the fraud, the choice of imprisonment), 70 (1) 3 (the use of stolen credit cards, the choice of imprisonment), 360 (1) (the thief in each of them), 360 of the Criminal Act on specialized credit financing business, and Article 360 (3) of the Punishment of Minor Offenses Act.