The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Summary of Grounds for Appeal

The punishment sentenced by the court below (five years of imprisonment) is too unreasonable.

The defendant's argument of ex officio is examined prior to the judgment.

In the first instance of the indictment, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to the "Habitual Larceny", and the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes to the "Articles 5-4 (6) and (1) and 329 and 330 of the Criminal Act" were changed by this court's permission. This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts and concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The main judgment of the court below is the same as the corresponding column of evidence.

Application of Statutes

1. Article 332 of the Criminal Act, Articles 32, 329 of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1)3 of the Specialized Credit Financial Business Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 230 of the Criminal Act, Article 230 of the Criminal Act, Articles 152 subparag. 1, 43 of the Road Traffic Act, Article 360(1) of the Criminal Act (the misappropriation of possession, embezzlement of stolen credit cards, etc.), Article 70(1)3 of the Special Cases concerning the Settlement of Traffic Accidents (the choice of imprisonment), Article 70(1)3 of the Specialized Credit Financial Business Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 152 and 43 of the Criminal Act, each of the Road Traffic Act, Article 3(268 of the Criminal Act.