The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Summary of Grounds for Appeal

Punishments (fines 6 million won) sentenced by the court below are too unhued and unfair.

Judgment

The defendant shows his attitude to recognize all crimes and repent, and the fact that the defendant's intellectual disability seems to have affected the crime of this case is the favorable condition to the defendant.

However, the Defendant acquired the lost physical cards and arbitrarily used them, such as purchasing boarding tickets and string PCs.

Although the defendant was punished several times for the same crime and was sentenced to a fine during the suspension period of the execution of the same crime, he again committed the crime of this case.

In addition, considering all the conditions of sentencing as shown in the records and pleadings of this case, such as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., the sentence of the lower court is too uneasible and unfair.

The prosecutor's assertion of unfair sentencing is justified.

As the appeal by the prosecutor is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions of Article 347-2 of the Criminal Act, Article 347 (Fraud by Use of Computer, etc.), Article 347 (1) of the Criminal Act, Article 360 (1) of the Criminal Act (the point of Embezzlement by Possession), Article 70 (1) 3 of the Specialized Credit Financial Business Act (the point of misappropriation by Illegal Use of Debit Cards), and the choice of imprisonment, respectively;

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