We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

One copy of seized physical card ( Gwangju District Prosecutors' Office.

1. The summary of the grounds for appeal appealed from the court below’s punishment (one year of imprisonment with prison labor for the court below, one year of imprisonment for the court below, and four months of imprisonment for the court below). The prosecutor appealed from the court below to the extent that the sentence of the court below is too unhued and unfair.

2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.

The defendant and the prosecutor filed an appeal against the judgment of the court below and tried the appeal jointly. Since each of the offenses of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) 2 of the Criminal Act, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal of the judgment below. The judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 360 (1) of the Criminal Act (the embezzlement of possession, the selection of imprisonment, and the selection of the punishment), each of Articles 329 (a) and 347 (1) (the fraud point, the choice of imprisonment, the selection of the punishment) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the illegal use of credit cards or debit cards, the comprehensive choice of imprisonment by card), Article 330 of the Criminal Act (the theft of real chips at night) for each credit card;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Scope of punishment recommended on the sentencing criteria: Imprisonment with prison labor for at least one year.

(a) Each crime of fraud (an offence No. 1) [the scope of recommendations] general fraud.