사기등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) was that Defendant 1 stolen the credit card of the victim at the time of the instant case and did not calculate the singing fee without permission, but was calculated by lending the credit card with the consent of the victim.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.
2. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court, namely, ① E, the operator of the instant singing room, was the Defendant who stolen the victim’s credit card and paid the amount of singing on the card.
The statement was made (27 pages of the evidence record), 2. The statement of E was made by the victim by telephone at the time of the case, and was made by the card at the time of the case.
In full view of the content that “the Defendant resisted” and the content that the Defendant and the victim were in dispute at the bottom of the building (the 34th page of the evidence record), and the content thereof are specific and natural, and credibility; ③ the content of the victim’s statement is consistent with the content of E’s above statement (the 66th page of the evidence record); ④ the Defendant made a statement to the effect that he was guilty at the police investigation stage; ④ the Defendant also made a statement to the effect that it was not a fact at the time of arrest that the victim permitted the use of the card (the 43,44 pages of the evidence record). In full view of the fact that the Defendant: (a) was aware that the victim’s credit card was stolen at the time of the instant case and calculated the s
may be seen.
Therefore, the defendant's assertion is without merit.
3. In conclusion, 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.