beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) according to the I’s statement at the court of original instance, a police officer dispatched at the time of the instant case, the court below acquitted the Defendant of the facts charged on the basis of the N and J’s statement at each court of original instance, etc. without credibility, although the Defendant could sufficiently recognize the fact that the Defendant acquired the victim E’s credit card and presented it as one’s card and received pecuniary benefits equivalent to KRW 120,00
2. Determination
A. On May 4, 2014, around 03:00 on May 4, 2014, the Defendant, the Defendant, at the “D club” located on the Yongsan-gu Seoul Metropolitan Government and the first underground floor, found the Defendant’s 1 US$5, who was lost by the Victim E, and one copy of the Samsung Credit Card and the driver’s license.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea without taking necessary procedures.
2) On May 4, 2014, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit Business: (a) around 03:20 on May 4, 2014, the Defendant, who was in violation of the Act, presented Samsung-owned credit cards and the completion of the credit cards and the completion of the credit cards and the completion of the credit cards and the completion of the credit cards and the payment of liquor amounting to KRW 120,00 by means of signing on the sales slips, which were located in Yongsan-gu Seoul, Yongsan-gu, Seoul.
In this respect, the defendant deceivings people to acquire property benefits from the damaged person, and used lost credit cards.
B. The lower court’s judgment held that there were I’s legal statement, J’s legal statement and statement, and K’s legal statement as evidence as shown in the facts charged, and first of all, J’s legal statement is the content of the Philippines, “L” which the J used “H club” as illegal from “H club” rather than itself, and the said statement is K.