The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be held.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts, with regard to the theft of victim N, fraud due to the use of stolen cards, and violation of the Specialized Credit Financial Business Act, N lent a physical card to the Defendant to use it, and the Defendant did not steals the physical card from N.

Therefore, the defendant's withdrawal of cash from the cash withdrawal machine using the above check card does not constitute theft, and the purchase of goods from the department store using the above check card does not constitute fraud or violation of the Specialized Credit Financial Business Act.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

B. Each sentence (two years and four months of imprisonment, and six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly adopted and examined by the lower court, namely, the victim N’s police and the statement at the lower court court’s court’s court’s specific and consistent credibility, and the Defendant and the victim N became aware of the fact that the Defendant and the victim N had an interview with the Defendant one week prior to the occurrence of the instant case, and that they had an interview with the Defendant for one week from another room at the same time, and thereafter, they did not appear to have lent the Defendant’s physical card containing approximately eight million won without any consideration, without preparing documents, such as a contract, loan certificate, etc., and without any consideration. The Defendant used the physical card within three days from March 31, 2014 to April 2, 2014. After that, the Defendant’s contact with the victim N, the Defendant’s physical credit card can be acknowledged.

The defendant's above assertion of mistake is not accepted.

(b) the defendant;