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The defendant shall be innocent.
Reasons
1. The Defendant is a person who runs a general restaurant (one tea house) in the Dobong-gu Seoul Metropolitan Government column D’s trade name.
On October 22, 2015, the Defendant settled 50,000 won using a credit card device installed in the said business by having the victim take more than 5 to beer E, a customer of the said business, and paying 50,000 won by using the credit card device installed in the said business by using the victim’s credit card from the injured person. On October 22, 2015, the Defendant attempted to pay the additional amount with the said credit card as if the victim ordered the above credit card to pay the money in addition to the above credit card and to acquire pecuniary profits equivalent to the price.
Defendant: (a) putting the said credit card into a credit card terminal installed in the said business place with the said credit card, and then 150,000 won, around 08:00 on the same day, and around 09:47, around 50,000 on two occasions, respectively, was entered and paid 150,000 won on two occasions.
Accordingly, the defendant acquired financial benefits equivalent to 150,000 won by inputting information into a computer or any other information processing device without authority.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant paid KRW 150,000 by using the said credit card solely based on the evidence submitted by the Prosecutor.
The recognition is insufficient, and there is no other evidence to prove it.
1) The Defendant had consistently settled the drinking value that the victim had to pay by the credit card of the victim under the victim’s permission from the investigative agency to this court, without consistently having any locked from his own place.
statement is made.
2) On October 22, 2015, the victim made a statement at an investigative agency to the effect that KRW 12,000 has been settled with the purchase price of the flusium on October 22, 2015 (the above 12,000 won is not stated in the written petition prepared by the victim). However, the victim made a statement to the effect that 12,00