업무상횡령등
The defendant's appeal is dismissed.
The defendant 3,347,700 won to G who applied for compensation, and 1,870.
1. Summary of grounds for appeal;
A. In relation to the fact of mistake of facts and misapprehension of legal principles, the Defendant obtained prior consent from M, H, L, and N to the change of cellular phone in its name in connection with the use of each private electromagnetic records, etc., as stated in the table of crime Nos. 5-8, 10, 14 of the judgment below, and the use of each private electronic records, etc., and therefore, the Defendant does not constitute the crime of forgery of private electronic records, etc.,
In addition, in relation to this, the fraud described in [Attachment 5] 5, 7, 8, 9, 12, and 16 of the judgment below, the defendant obtained the above M, H, L, and N's consent for opening of cell phone from the above M, H, L, and N, and the victim of the fraud should be M, H, L, and N, not F.
B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly adopted and investigated by this court, the Defendant’s use of the file of the application for mobile phone membership in his/her name and arbitrarily opened the mobile phone without the consent or consent of M, H, L, and N, can be recognized.
Therefore, we cannot accept the assertion that in relation to the above M, H, L, and N, the crime of fraud and its exercise is not established. In relation to this, we cannot accept the assertion that the victim of the fraud should be changed.
This part of the defendant's assertion is without merit.
① M/L consistently stated in the investigative agency and this court that “the Defendant had consistently opened his/her mobile phone under his/her name without his/her consent or consent, as described in this part of the facts charged, and subsequently, confirmed the overdue charge of the mobile phone through the mobile phone display or text message, thereby becoming aware of the foregoing opening facts.”
(2) H and N also investigative agencies are described in this part of the facts charged.