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The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The punishment of the first instance court (eight months of imprisonment) is too unreasonable in view of the fact that there is no particular criminal record in the gist of reasons for appeal;
2. As to the grounds for appeal of ex officio determination, the health room ex officio prior to the examination of the reasons for appeal, the prosecutor’s "Fraud" among the names of the crimes in the indictment, and the applicable provisions of Article 347(1) of the Criminal Act, “Article 329 of the Criminal Act”, and “Article 329 of the Criminal Act”, “Article 329 of the Criminal Act,” and “Article 329 of the Criminal Act,” respectively, was applied for changes in the contents of the charges as stated in paragraph (2) of the same Article.
3. Accordingly, the judgment of the court of first instance is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows, without proceeding proceeding to decide on the defendant's assertion of unfair sentencing.
Criminal facts
The summary of the facts of the crime and the evidence against the defendant recognized by this court shall be used as follows. The part of the crime in the annexed sheet (2) of the judgment of the court of first instance shall be replaced by the "comforcing" of all the parts indicated in the annexed sheet of crime (2) of the judgment of the court of first instance, as stated in each corresponding column of the judgment of the court of first instance, and such part shall be cited as it is in accordance with Article
[Supplementary Use]
2. A thief around June 17, 2013, the Defendant received cash services using the said card, and received cash services from the victim bank’s HHro in Seoul, Gangnam-gu, Seoul, to use the said card for his/her debt repayment, etc., and received a password of KRW 1,50,000,000 after inserting the password.
In addition, from around that time to November 22, 2013, the Defendant is 6 times in total as shown in the list of crimes (2).