All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Evidence seized by the defendant.

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for 1 year and 3 months and confiscation, and the second instance judgment: imprisonment with prison labor for 2 months) of the lower judgment is too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.

However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347-2 (Fraud by Use of Computer, etc.) of the Criminal Act, Article 70 (1) 3 (the use of stolen credit card), Articles 284 and 283 (1) of the Specialized Credit Finance Business Act, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing under Article 48(1) of the Criminal Act of confiscation not only has the record of having been punished several times for the same thief and violent crime, but also commits each of the crimes of this case even though the defendant was in office for a repeated crime due to the same kind of crime.