All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

The excessive one (No. 7) seized shall be confiscated.

Summary of Grounds for Appeal

The defendant appealed that the punishment of the court of first instance (three years of imprisonment) is too heavy, and the prosecutor appealed that the punishment of the court of second instance (five million won of fine) of the court of second instance is too minor.

Before the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the judgment of each court below against which the defendant and the prosecutor filed an appeal was consolidated and tried in the trial. The above facts of each case against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act and one sentence should be sentenced. Thus, each judgment of the court below against the defendant cannot be maintained any more.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the argument of unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 334(2) and (1), 33 of the Criminal Act that choose a punishment, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act (the use of lost credit card), Articles 342 and 329 of the Criminal Act, Articles 334(2) and (1), 333 of the Criminal Act that choose a punishment for special robbery, and Articles 360(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Articles 342 and 329

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes with the punishment determined for the most severe special robbery);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Sentencing Article 48(1)1 of the Criminal Act provides for sentencing.