A. In order to purchase film plates by mistake of facts, the defendant put his own card into a vending machine, but the victim's card was displayed and so settled with the card, and there was no intention to use the victim's card.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. In light of the fact that the actual amount of damage caused by an unreasonable sentencing is only KRW 10,00,000, the penalty of the lower judgment is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below asserted that the defendant paid the facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the motion picture list of the victim's Kakao Bank on June 13, 2019 was settled by the victim's debit card around 20:14, and the above debit card was the same as the inter-faced credit card (Evidence No. 18, receipt and specification of transactions No. 18, No. 17, No. 17, etc.) with the victim's right to the motion picture list at around 19:29 on the same day (the evidence No. 18, No. 18, No. 17, etc.). ② The defendant asserted that the victim's credit card input in the above unmanned launch machine was stored and settled without the victim's knowledge that the card was affixed, and the defendant could not have his own credit card affixed to the victim's credit card under the victim's recognition that it was settled by another person's credit card (the defendant lost evidence No. 53).

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and without merit.

B. The Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle as to the assertion of unfair sentencing, determines sentencing.