The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendant used the credit card in the victim B’s name, the Defendant did not intend to acquire money from the said victim by making partial repayment of the damage amount to the extent of KRW 20 million.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The instant crime of this case by misapprehending the legal principles is not a mere mere fact of the Defendant’s fraud, so habituality is not recognized.

Nevertheless, the court below found the defendant guilty of habitual fraud. In so doing, the court below erred by misapprehending the legal principles on habituality, which affected the conclusion of the judgment.

C. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the (i) the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant, on the ground that the card of the representative in the Internet shopping mall, which the defendant had been operated as a partnership business, should be open to the victim B, he can be recognized that the defendant obtained a cash service or purchased personal goods as specified in the attached Table VI of the judgment of the court below by using the above credit card and acquired and acquired the pecuniary profit equivalent to 3,48,500 won in total by allowing the victim to settle the price, and the defendant at the time can be sufficiently recognized that there had been the intent to acquire the money by fraud.

Therefore, this part of the defendant's argument is without merit.

⑵ 원심 판시 제1항 내지 제5항 부분 ㈎ 원심 판시 별지 범죄일람표Ⅰ 중 연번 1 내지 3, 5 내지 9, 12, 56, 65, 67, 68, 71 내지 73, 77 부분을 제외한 나머지 부분 원심 및 당심이 적법하게 채택하여 조사한 증거들에 의하면, 피고인은 B의 승낙을 받은 사실이...