The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (fact-finding) is only known that C purchases each of the goods as indicated in the judgment below with its own card, and the Defendant did not use the lost D credit card in collusion with C, as indicated in the judgment of the court below, or defraud the pertinent goods.

2. At least two persons holding a judgment on the grounds of appeal are not required by law to join in the co-offenders who jointly process a crime, and it is sufficient that there is an implied communication of the co-offenders who intend to commit the crime directly or indirectly with respect to the joint implementation, and if there is no direct evidence thereof, it may be recognized by the circumstantial facts and empirical rules.

In addition, joint execution of a crime by conspiracy is not based on the premise that all accomplices realize the elements of a crime by themselves, and it is possible to cooperate with accomplices who conduct the realization act to strengthen their decision on the act. Whether it falls under it should be determined by comprehensively taking into account the degree of understanding the result of the act, the size of participation, intent to control the act, etc.

(See Supreme Court Decision 2006Do1623 Decided December 22, 2006). The court below duly adopted and examined the following circumstances, namely, from July 2, 2013 to July 15:58 of the same day, C acquired one of the Samsung Credit Cards in the name of Jung-gu, Seoul from 5:32 on July 2, 2013 to the 15:58 on July 2, 2013, C purchased one of the Samsung Credit Cards in the name of Jung-gu, Seoul at the 52 new global department stores located at 52, and was discovered on July 16:32, 201 to the effect that C was found to illegally use the above credit card at the 8th Arabic store in the above new global department stores at around the 16:32, 2013, and C was accompanied with the Defendant, and purchased the relevant goods at the store as indicated in the crime list at the time of payment.