The prosecutor's appeal is dismissed.

1. The lower court determined otherwise and determined the facts, despite the fact that the F’s statement of the gist of the grounds for appeal is reliable, and following the statement, the Defendant issued F the instant credit card to F, thereby recognizing the Defendant’s intent of unlawful acquisition.

2. Based on its stated reasoning, the lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to believe that each of the statements made by the witness F in the investigative agency and the lower court on the facts charged of the instant case is difficult to recognize the Defendant’s intent to illegally obtain the instant credit card solely with such evidence.

In addition to the circumstances in the court below's reasoning admitted according to the evidence, F is justified and there is no error of misconception of facts as alleged by the prosecutor, even though F is the same at the time when the credit card of this case was delivered by the defendant to F at the court below, the defendant was aware that he was a gift because he was always a gift to F, and the defendant made a statement to the purport that he was unable to accurately hear the statement.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.