A. Although the Defendant did not acquire a portable phone as stated in the facts constituting the crime of the lower judgment, the lower court erred by misapprehending the facts, thereby convicting the Defendant of the instant facts charged.

B. Even if the charge of this case is found guilty, the sentence of the lower court (the penalty amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The police interrogation protocol against the defendant, among the evidence submitted by the prosecutor, is inadmissible as the defendant denies its content.

The following facts are recognized in full view of the evidence submitted by the Prosecutor.

① Around 03:46 on May 21, 2015, D, along with her friendship, boarded the taxi driven by the Defendant, around 03:54 (Evidence No. 31 of the evidence record). (2) A was seated on the back of the said taxi, but she was seated on the phone, and she was able to carry the phone with the phone covered by the telephone, and she was able to she together with one credit card (new credit card) (hereinafter “the instant credit card”).

③ D was the phone number of the friendly telephone machine, which was immediately after the discharge of the phone at the taxi, and was the phone number of the friendly telephoneer who was next to the taxi, but all the calls were out of the phone.

④ On the other hand, the Defendant: (a) operated an empty lane for four minutes after D getting off, and (b) took a passenger again on the same day at around 03:58 on the same day (Evidence No. 31 of the Evidence). (c) The mother of D and D confirmed the Defendant’s telephone number on the grounds of the details of settlement of taxi charges, etc.; and (d) the mother of D and D had a telephone call on the part of the Defendant.

I explained that there is no telephone, and the defendant asked that there is no telephone.

Therefore, the mother of D and D reported the loss of the credit card of this case.

(6) On May 26, 2015, around 04:34, the settlement of 12,600 won by the credit card in this case from the taxi of the defendant.