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Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) through misunderstanding of the facts or misunderstanding of the legal doctrine (2017 order 896) Defendant obtained comprehensive consent from the victim H, and used the victim’s card with B, the de facto spouse of the victim’s incidental interest, together with the victim’s spouse, and used the victim’s card in the name of the victim.
Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the facts charged.
(2) The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.
B. If the prosecutor’s statement (as to Defendant B), is sufficiently reliable, and if the defendant B did not withdraw his account or mobile phone after allowing him to use the account or mobile phone under his name, then the defendant B’s act constitutes aiding and abetting the fraud.
Nevertheless, the lower court erred by misapprehending the legal doctrine.
2. Judgment on Defendant A’s assertion
A. As to the assertion of misunderstanding of facts, the lower court determined as follows, based on the evidence duly adopted and investigated, (2017 Go-man 896) (1) and the lower court, i.e., the victim H, at the investigative agency and the lower court, i.e., the Defendant A would live together with his/her father B.
In addition, the defendant A was using a new card with the victim's credit card, as well as the victim's arbitrary use of the card without the victim's permission to use the credit card in the victim's name. The defendant A could not immediately know the details of the card use by arbitrarily changing the victim's address, settlement account, etc. registered in Samsung Card by arbitrarily changing the victim's address, etc.
(2) On December 18, 2016, Defendant A changed the method of receiving Samsung Card’s claim from mail to mobile and changed the mobile phone number to Defendant’s mobile phone number.