The prosecutor's appeal is dismissed.

1. The Korean Smart Card Co., Ltd. (hereinafter referred to as the “Korea Smart Card”) comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal

Although the court below acquitted the defendant of the facts charged in this case, the court below erred in the misapprehension of facts, since it could sufficiently recognize the fact that the defendant acquired the money in the name of the gold settlement from the Korean Smart Card by deceiving him.

2. Determination

A. The summary of the facts charged in the instant case is a person who actually runs a stock company E (E) established for the purpose of wholesale and retail business of merchandise coupons around May 28, 2013.

When the Defendant, while operating E, purchased merchandise coupons in Korea Smart Card and converted them into e-mail to e-mail, and received profits from e-mail stores without real transactions, and then sent e-mail only the payment details after the cancellation to e-mail and did not transmit the payment details after the cancellation, he became aware of the fact that the Korea Smart Card is not aware of the cancellation details and the Korea Smart Card is paid in full, and that it is not sent the cancelled payment details, it would be paid in the way that e-mail will not transmit only the information on the cancellation details to the Korea Smart Card.

On January 26, 2014, the Defendant settled 50,000 won from e-mail terminal (shorter IDH) installed at the office located in Daejeon, Seo-gu, Daejeon, and the first floor E-mail, using e-mail cards (credit card number G) and transmitted the payment details information to the Korean Smart Card, and then immediately cancel the said payment and then cancel the said payment and then cancel the said payment on the said e-mail card. 50,000 won.