All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (unfair sentencing: 6 months of imprisonment with prison labor and 4 months of imprisonment) of the lower court is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, each of the above appeals cases was joined in the first instance judgment and the second instance judgment and each of the offenses in the judgment of the first instance judgment and the second instance judgment against the Defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the first and second lower judgment cannot be maintained as it is.

3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows, without examining the defendant's unfair argument of sentencing, on the grounds of the above ex officio reversal.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant column of each judgment below. 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 Articles 330 (a thief by intrusion on a structure at night), 330 and 342 (a thief by attempted intrusion on a structure at night) of the Criminal Act, Article 347(1) of the Criminal Act (a) of the Criminal Act, Articles 352 and 347(1) (a) of the Criminal Act, Article 352 of the Criminal Act, Article 77(1)3 (a) of the Act on Specialized Credit Financial Business, Article 70(1)3 (a point of attempted fraud) of the Criminal Act, Article 329 (a) of the Criminal Act, and Article 360 (1) of the Criminal Act (a point of intent) of the Criminal Act, each of the following provisions concerning the selection of punishment for the crime;

1. Selection of each sentence of imprisonment with prison labor (excluding the attempts to intrude buildings at night, larceny, and intrusion theft at night) prescribed in Articles 40 and 50 of the Commercial Act (excluding each offense of fraud in 2020, proviso to 848, between each offense of fraud and each offense of violation of the Act on Specialized Credit-Related Financial Business, and punishment provided for each offense of more severe punishment);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;