The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The decision of the court below on the gist of the reasons for appeal (five months of imprisonment) is too unreasonable.

2. It is recognized that the accused has been punished for the same offense.

However, considering the fact that the defendant recognized the crime of this case, there is no record that the defendant has been punished in excess of the fine, the amount of damage caused by the crime of this case is not the largest amount, and the full repayment of the amount of the credit card used by the defendant by the defendant by theft during the trial of this case, the defendant's age, sex, environment, background leading to the crime, means and consequence of the crime, and the sentencing conditions specified in the records and theories of this case, such as the circumstances after the crime, it is recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Act on Specialized Credit Financial Business, and the choice of imprisonment with prison labor for each type of offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;