The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is unreasonable.

2. The Defendant, even after having been sentenced to a suspended sentence for the same crime, has not yet passed since the judgment became final and conclusive, has received strict punishment corresponding to the act in question on the following grounds: (a) the Defendant repeated the same type of crime; and (b) the amount of damage was large and the victim did not reach an agreement or recover from damage until the

However, considering the fact that the crime of this case has been led to the economic difficulties, the punishment of the court below is unreasonable because of the following: (a) considering all of the following factors: the background and means of the crime; (b) the circumstances after the crime; and (c) the Defendant’s career and environment, etc., the various sentencing conditions indicated in the record and pleadings.

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.

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 the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Habitual larceny: Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act.

(b) The point of fraud: Article 347 (1) of each Criminal Act.

(b) Use of each stolen credit card: Article 70 (1) 3 of the Specialized Credit Finance Business Act.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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