A defendant shall be punished by imprisonment for not less than eight months.

A. Defendant 1) In relation to fraud by using credit cards, Defendant 4,5, and 14 (Attachment Table 4, 5, and 25 of the facts charged modified in the original trial) as indicated in the judgment of the court below, Defendant did not use a credit card as described in the above order, and the parts mentioned in the above order are used by the victim.

(2) The Defendant had the intent and ability to pay the settlement amount at the time of using a credit card as stated in the list of crimes in the judgment below, as well as the Defendant paid not only the amount of money exceeding the credit card payment used in the past.

On the other hand, the part in Nos. 24 and 25 of the crime list in the decision of the court below that the defendant received cash services from the defendant as the victim's No. 3 card is irrelevant to the defendant as he received cash services.

B) Around May 2009, the Defendant borrowed KRW 20 million from the victim with respect to fraud, such as the borrowed money. Even if the Defendant borrowed KRW 20,000 from the victim, at the time, the Defendant had the intent and ability to repay the borrowed money, and thus there is no criminal intent to commit fraud. Meanwhile, the Defendant’s lending of KRW 20,000 to the victim is to repay the existing debt owed to the victim, and the above act itself does not constitute a new crime. (2) On July 28, 2009, the Defendant borrowed KRW 10,000,000 from the victim without the ability to repay on July 28, 2009. The Defendant paid the borrowed money to the victim. The Defendant paid the borrowed money for KRW 10,000,000 from the victim. The Defendant did not have the Defendant deposited the borrowed money from the victim’s loan account at the time of borrowing the money from the victim’s credit business.