The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the Defendant did not pay taxi expenses by using a credit card lost by D (hereinafter “the instant card”) on November 5, 2017 (misunderstanding the facts as to the facts constituting the crime of the lower judgment). The Defendant, around November 12, 2017, obtained the instant card and held it to return it to D (misunderstanding the facts as to the crime of the lower judgment No. 2) and used the instant card at convenience stores on November 6, 2017 (misunderstanding the facts as to the crime of the lower judgment No. 200,000 won). The judgment of the lower court is erroneous because the Defendant’s punishment (the penalty amounting to KRW 2 million) declared by the lower court is too unreasonable (the judgment is unjust).

A. Determination on the assertion of mistake of facts as to the facts constituting the crime Nos. 1 and 3 of the lower judgment 1) The summary of this part of the facts charged is from November 3, 2017 to the same month.

5. In a place where it is impossible to know the space at a time and at least 44:34 on the same day, he/she either purchased a new card which is the victim D's damage (the instant card) in a private taxi operated by himself/herself without returning it (Article 1 of the lower judgment) and embezzled the said card at his/her own will (Article 1 of the facts constituting the crime of the lower judgment), and the convenience store F in the Daegu-gu Suwon-gu, Daegu-gu, about 04:29 on November 6, 2017, about 8,600 won of the market price, and presented the instant card to the point where he/she was aware of the completion of the contract. The lower court determined that the Defendant’s purchase of the instant card at H of convenience located in Suwon-gu, Daegu-gu, Daegu-gu, and about 43:00 won of the market price, and offered it to the Defendant for the following reasons, thereby enabling the Defendant to lawfully obtain the price of the instant credit card and return it to 2.3.