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The prosecutor's appeal is dismissed.
Reasons
1. A summary of the grounds for appeal (misunderstanding the facts) ① A victim granted a credit card from an investigative agency to a court only within the scope of authority to use the credit card in terms of attorney-at-law’s fees and living expenses. Samsung Credit Card consistently stated that the Defendant issued or allowed the use of the card directly to the Defendant. ② The Defendant also was authorized by an investigative agency to use the credit card from a national bank under the pretext of “the attorney-at-law fees and living expenses
(3) Meanwhile, the Defendant stated that it was erroneous to use Samsung Credit Card at the time of the prosecutor’s investigation, but the victim took the use of Samsung Credit Card.
In light of the above facts, it is difficult to believe that the defendant's above statement is reversed, and (4) Other facts charged in this case can be found guilty, in full view of the victim's transaction details of passbook passbook, card use records, and each transaction details in Samsung Credit Card Use Statement, etc., the court below erred by misapprehending the facts.
2. The lower court determined: (a) the Defendant and the victim lived from June 2015 to the time of arrest and detention on August 2015; and (b) the victim stated that at the time of the first police investigation conducted by the police agency, the Defendant left a credit card bank to the Defendant at the time of the first investigation conducted by the police agency and did not agree to employ the credit card for other purposes; and (c) at the time of the investigation conducted by the prosecution of the Republic of Korea, the court stated that at the time of the investigation conducted by the prosecution of the Republic of Korea, the Defendant and the victim used the credit card bank as rent and rent in addition to the attorney’s fee and the son’s fee in addition to the attorney’s fee and the son’s fee in addition to the attorney’s fee and the son’s daily fee were not stated to be used
(C) The first time is the first time in the court.