사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal by the Defendant is as follows: (a) although the Defendant did not cancel the purchase of two merchandise coupons (hereinafter “instant merchandise coupons”) as indicated in the lower judgment, the lower court erred by misapprehending the facts, thereby convicting the Defendant of the facts charged.
2. Determination
A. The Defendant also asserted as the grounds for appeal, and the lower court determined that the Defendant’s purchase of the instant gift certificates was sufficiently acknowledged after receiving the instant gift certificates to the victim’s purchase of the instant gift certificates, based on the following facts: (a) around 09:35, Sept. 11, 2014, a person who purchased the instant gift certificates from SK Possn Co., Ltd. handling the instant gift certificates; (b) around 15:57, the date when the transfer was made; and (c) the victim transferred the instant gift certificates to the Defendant on the same day; and (d) the person who purchased the instant gift certificates was connected to the instant smart phone using the said smart phone number used by the Defendant; (c) the said phone number was the phone number used by the Defendant; and (d) the revocation of the purchase of the instant gift certificates was only a smart phone that was used by the Defendant at the time of purchase; and (e) the Defendant’s revocation of the purchase of the instant gift certificates using the instant smart phone.
B. In light of the evidence duly adopted and examined by the court below, a thorough examination of the reasoning of the court below in light of the evidence, the above judgment below is just, and there was a mistake of mistake of fact, and otherwise.
It does not appear.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.