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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the consistent statement of C (not guilty part of the judgment of the court below) and information on credit card application process and hand-on information, the Defendant, even though C did not allow the Defendant to use a credit card, paid the price using the credit card and received cash service.
full recognition may be accepted.
Therefore, the judgment of the court below which acquitted the Defendant of the fraud and larceny by using C’s credit card on the premise that C gave consent to the use of the Defendant’s credit card.
B. Sentencing
2. Determination
A. As to the assertion of mistake of facts, the lower court stated to the effect that C did not allow the use of the credit card to DefendantN, namely, the following circumstances acknowledged by the evidence duly adopted and investigated. However, C had the intent of deception and deception, comprehensively taking account of the following: (a) it is difficult for C to believe that the macromarket on November 16, 2012 verified the identity of the resident registration certificate issued on April 26, 200, and is deemed to have received the credit card directly; (b) rather C appears to have consented to the use of the Defendant’s credit card; and (c) the Defendant was normally paying the amount of the credit card use from December 24, 2012 to January 2014.
The court determined that it could not be seen.
The following circumstances revealed in the record of the lower court, i.e., the Defendant’s act of forging and exercising C’s credit card applications, despite recognizing the fact that the Defendant had consistently obtained consent from C with the investigative agency as to the use of credit card; ② The details of receipt and deposit information, receipt and personal information consent of the card company, and the written appraisal by the National Science Investigation Agency of Korea, which was additionally investigated in the lower court, are considered to have received the credit card requested by the Defendant directly.