절도등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant found a debit card owned by the victim and considered that if the Defendant settled the payment by the said debit card in a singing practice room operated by himself/herself, the Defendant could have contacted the victim by means of text messages, and return the said debit card; and (b) the Defendant did not intend to illegally obtain the debit card or to unlawfully use the said card; (c) however, the lower court found the Defendant guilty of the facts charged in this case; (d) the lower court erred by misapprehending
2. In cases where another person's property is used without the consent of the possessor without permission, if the use of the property in itself is consumed to the extent that the economic value of the property is considerable, or it is disposed of in another place other than the original one, or it is in possession of the property for a long time without the return thereof, the intention of unlawful acquisition may be recognized by deeming that it is an intention of infringing on the ownership
Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the court below in light of the above legal principles, the defendant can fully recognize the fact that the defendant stolen the victim's debit card and illegally used it as stated in the judgment of the court below.
① After discovering a victim’s debit card at an investigative agency, the Defendant stated that the Defendant was unaware of the victim’s debit card at the time of the settlement in a singing practice room.
② If the Defendant wants to return the victim’s debit card, it would be left to the nearest card issuing bank or the police station, but such attempt was not made at all, and it is merely a vindication that it is difficult to understand that the Defendant attempted to contact the victim by using the said card at the singing practice room run by himself/herself.
(b) the injured party.