절도등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) by E, the main customer of the Defendant’s main store, “E, as well as the age club, will change the main store sales by instead of one million won,” and the Defendant also put the Defendant into the age club. The Defendant, in front of the E-gy clubs, issued a physical card to the Defendant before the E-gym clubs, and only withdrawn the money by withdrawing the money with the 1 million won card, and did not commit theft or unlawfully use the kym card.
B. According to the following facts and circumstances acknowledged by the court of the lower judgment’s duly admitted and investigated evidence, it can be sufficiently recognized that the Defendant: (a) has credibility in the victim’s statement; (b) has stolen the victim’s physical check; and (c) has withdrawn money from the cash withdrawal period with the stolen physical check.
The victim stated in the court of the court below as follows, and is generally consistent with the investigation agency.
- The victim, at the same time, she drinking alcohol at the place of entertainment in the trade name of "K," where the defendant works, was able to drink alcohol with the defendant as well as D main points.
- The victim calculated the following drinking value provided that “the victim would withdraw KRW 250 or KRW 3 million from K’s entertainment centers to the defendant.”
- After that, the victim and the defendant drink the alcohol at D main points, and the defendant found that there was no defendant's cell phone while there was no cell phone of the victim, so the defendant had a cell phone of the victim.
- The defendant brought the cell phone to the victim with the D main points, and brought the cream card owned by the victim to the floor.
- The victim's e-mail card was withdrawn in cash from the victim's e-mail card with no accused later known.
At that time, the victim did not draw money from the Defendant with a personal card.
- The victim is a part of the defendant's cell phone.