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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent with the victim's statement that "the defendant only purchased G only amounting to KRW 9.80,000 with G card, and there is no permission to purchase the amount equivalent to KRW 2.0,000,000," and that the victim immediately suspended the card after confirming the details of the defendant's purchase, the defendant should be deemed to have acquired pecuniary benefits equivalent to the same amount by deceiving the victim by purchasing the amount equivalent to KRW 2,00,00 with the credit card of the victim, but the court below acquitted the defendant of the facts charged.
2. The evidence duly adopted and examined by the court below and the court below and the following facts or circumstances acknowledged by the records, namely, ① the victim sent the Defendant a letter of statement to the effect that “the victim would be liable for the credit card payment with respect to the portion settled by his own national card,” ② the Defendant appears to have been in contact with the Defendant at the time of purchasing a medical device with the victim’s card. After that, the victim filed a complaint with the Defendant, and ③ the victim also received 301,000 won from a multi-level sales company with knowledge of the payment of 300 won in the allowance for the purchase of hand-on hand-on hand-on-round August 21, 2017. The victim also received it from the court of the trial, and the victim also received it from the court of the party. ④ The victim also sent it to the Defendant with his intent to pay the credit card payment to the Defendant at the time when the investigative agency appears to be liable for the credit card payment with the victim’s credit card payment.” The evidence submitted by the prosecutor is sufficient to the effect that the Defendant’s statement as evidence.