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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the defendant was comprehensively permitted to keep and use the credit card of this case from E
It cannot be readily determined, and even if permission was obtained in relation to the daily living expenses, the Defendant permitted the use of the cash service of KRW 2 million in order to use it after leaving the country due to the appearance.
Despite the fact that it cannot be seen, the court below acquitted the defendant, which is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Comprehensively taking account of the evidence duly adopted and examined by the court of the original judgment, the Defendant appears to have been granted E regarding the use of the instant credit card, by keeping the instant credit card in the cell phone case, using it for living expenses, and since E did not have filed an application for suspension of payment or theft of the credit card until the Defendant withdraws KRW 2 million, it is inevitable for the victim company bank to pay money to the Defendant who applied for cash services through the cash withdrawal machine. Thus, the Defendant withdrawn cash against the victim’s will.
It is difficult to see it.
Therefore, the judgment of the court below is just and acceptable, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the prosecutor.
subsection (b) of this section.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.