The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds of appeal, the defendant, ex officio, had a single criminal intent to purchase goods or receive services from the member stores using the stolen card, and repeatedly committed the act of unlawful use of the debit card, which is a crime of the same kind, while the criminal intent is pending, and all the legal benefits from each unlawful use of the above debit card are identical to the safety of transaction using the above debit card and the trust of the public. Thus, despite the fact that the defendant's act of unlawful use of the same debit card constitutes a single crime (see Supreme Court Decision 96Do1181, Jul. 12, 1996), the court below held that each act of unlawful use of the above debit card is regarded as a separate crime, and that such illegality affected the judgment, and therefore, the judgment of the court below is no longer maintained.

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

[Grounds for the judgment of the court below] The summary of criminal facts and evidence recognized by this court is as follows. Of the criminal facts of the court below, the summary of the criminal facts and evidence is as follows: "A sentence of one year to be sentenced to imprisonment with prison labor for larceny, etc." in the column of criminal records of 2019No6163 among the criminal facts of the court below shall be deemed as "a sentence of one year to be sentenced to imprisonment with prison labor for larceny." Except for the case where "mariness legitimate" in Articles 3 and 4, 10, and 16 of the written judgment of the court below is deemed as "a justifiable and justifiable"

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;