A. In fact, misunderstanding the legal doctrine or misunderstanding the Defendant used the credit card with the permission of E, a credit card holder, and thus, E used the credit card and had the intent and ability to pay the price.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the lower court can be recognized that the Defendant acquired the amount of the purchase price by using the credit card in the name of E, a machineer without intent or ability to pay the price.

(1) On September 2, 2009, the Defendant visited the damaged association with the motherer E to obtain a credit card in the name of E.

Around that time, the Defendant was declared bankrupt and immunity by the Seoul Central District Court.

E is hospitalized in a hospital due to dementia, streke, etc. after around October 2015.

② From January 2, 2016 to February 22, 2016, the Defendant used the credit card in the name of E to use KRW 8,834,750, more than the ordinary amount. From January 2, 2016 to February 22, 2016, the Defendant’s use of KRW 8,834,750, which is difficult to view the Defendant’s side and sex surgery expenses to be 2.1 million, and 1.7 million, which

③ At the time of using a credit card, the Defendant was not in good economic condition to prevent the so-called return of the price of another credit card by using a single credit card. On January 22, 2016, the Defendant actually received cash service of KRW 2 million with a credit card under the E’s name.

④ On February 22, 2016, the Defendant finally used a credit card and did not pay the price, and filed an application for bankruptcy and immunity with the Seoul Central District Court on March 11, 2016, which was 200s a total of 20 days thereafter.

B. The defendant did not have any previous criminal record, but the defendant suffered any damage.