점유이탈물횡령등
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (misunderstanding of facts and sentencing) and the card number and validity period should be accurately entered in order to purchase goods in the “E” and “G”, so even if Defendant’s card number and the victim’s card number are similar, Defendant’s card number cannot be paid by the victim’s card in the course of purchasing goods using Defendant’s card; Defendant’s electronic settlement agent business of “E” and “G” cannot be paid by mistake in the course of settling the goods purchased by Defendant’s buyer; Defendant’s credit card number and approval number for the transaction indicated in the facts charged on the victim’s card issued by “H” cannot be dealt with by using “E” and “G”; Defendant’s payment agent number and approval number on the facts charged on the transaction in the victim’s card issued by “H” cannot be dealt with by mistake in the course of settling the goods purchased by Defendant’s buyer; and Defendant’s payment agent’s payment agent’s credit card.
must be viewed.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misconception of facts and the subsequent sentencing.
2. Determination
A. As to the summary of the facts charged in this case’s indictment, Article 1(1) of the judgment of the court below “a summary of the public prosecutor’s office” is the same.
B. The lower court, based on the evidence submitted by the prosecutor in full view of the following circumstances, paid the price of goods in the “E” and “G” using a credit card lost by the victim B by the Defendant’s acquiring and using the credit card that the victim B lost.
The defendant was acquitted on the ground that there is no other evidence to prove it.
1) The number of the card number of the I bank Corporation C in the name of the victim B (hereinafter “victim card”) used by the victim B is “J”, and the effective period is August 202.
C Bank Corporation Card under the name of K Company F used by the defendant (hereinafter referred to as "C Bank Corporation Card").