사기등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)
A. misunderstanding of facts (Article 1-1(a) and Article 2-1(a) of the original judgment) The Defendant, with C’s consent, uses the said card after opening a new card under C’s name.
Nevertheless, the judgment of the court below which recognized the establishment of fraud due to the preparation of a new application to join the personal card member, the act of forging a private document due to the exercise, the act of uttering of a private document, and the use of a new card against the defendant is erroneous in the misapprehension of facts
B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the Defendant’s assertion of mistake on a different premise is without merit, since it is sufficiently recognized that the Defendant was issued a credit card by arbitrarily preparing and exercising an application for membership of a new credit card holder under C around June 10, 2010, as stated in the lower judgment, without obtaining consent from C to the issuance of a new card.
1) On June 10, 2010, C consistently states, from the investigative agency to the court of the court below, that “A had no consent to the issuance of a new card to the Defendant, and did not receive a new card once, and it became known that the Defendant was issued a new card only after the receipt of the letter of use of the new card by another card from the NABC card company around June 2015.” The Defendant stated, “BC card was suspended from being used by another card.” (2) The Defendant stated that C gave its consent to the Defendant at the first time when the new card was issued by the court of the court of the court below, and thus, the Defendant asserted that C was issued a new card with the consent of C around June 10, 2010.”
C The consent was given when issuing a new card in the court of original instance.