A defendant shall be punished by imprisonment for six months.

A. Of the list of crimes of mistake of facts, “M, 4,00,000 won” and “M, 4,000,000 won on February 24, 2008” in the new card are the amount calculated by overlapping the same contents. The telecommunication fee (including the terminal value) of SK Telecom, KTF, and LG Telecom in the crime list is the cost of purchasing cell phones directly used by the victim and the telecommunication fee (total sum amount of KRW 1,197,870). Thus, the Defendant is not the amount acquired.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged and C conspired to use a credit card under the name of the victim by deceiving the victim D at a place where it is unknown on January 2008.

Around January 16, 2008, the "F restaurant" operated by the victim on the second floor of the Seoul Special Metropolitan City, Seocheon-si E-gu E-building, and C means "A cafeteria will take over and operate a restaurant," and the defendant means "C will use it as the premises restaurant of G in which it works as a managing director in the city when it takes over and operates a restaurant, and the inside of the city has invested a few hundred million Won in Mongolia, which begins with the restaurant business. It is necessary for C to take charge of the cost of taking over the restaurant and the cost of carrying out the project, and the credit card will be lent to us. The credit card payment means that the credit card will be repaid within the fixed date."

However, the defendant and C did not have any intention or ability to repay the price even if they were to use the credit card in their name from the victim as above.

Nevertheless, the Defendant and C received seven credit cards (foreign exchange cards, lot cards, new cards, Samsung Card, Samsung Card, Hyundai Card, EL Card, EL Card, and Corporate Bank Card) purchased from the victim at the above end of the time, as shown in the attached list of crimes, until February 18, 2008. < Amended by Presidential Decree No. 20420, Feb. 15, 2008>