However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

[2019 Highest 2216]

1. Defendant A

A. At night, from around 00:30 on June 10, 2019 to around 02:30 on the same day, the Defendant: (a) opened a cafeteria operated by the victim D in Yangsan-si; and (b) entered the restaurant inside the restaurant; (c) intrudes the building managed by the victim; (d) brought about KRW 31,830 in total of the market price of the commercial items contained in the instant card, including KRW 31,830,00,000,000 in cash on the part of the victim; and (d) stolen the victim’s property on four occasions from the said date to June 14, 2019, as indicated in the list of crimes.

B. On June 10, 2019, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) took the attitude that the Defendant would normally pay the victim’s normal payments at the Imina room operated by H Victim B at Yang-si; (b) ordered singing-use services and alcoholic beverages; and (c) settled KRW 4.50,000 with D’s G card that stolen as described in the foregoing paragraph (a), and paid KRW 2.50,000 with D’s G card around 02:49 the same day.

As above, the Defendant, by deceiving the victim, received 40,000 won in cash from the victim’s singinginging service and liquor equivalent to KRW 190,00,000, and used stolen credit cards.

2. No person who makes a transaction by credit cards, or has another person do so by proxy, in excess of the actual sales amount of goods or the provision of services, etc.;

On June 10, 2019, the Defendant issued KRW 200,000 in cash after having A pay KRW 450,000 by credit card, despite that the Defendant’s use of musical services and alcoholic beverages provided to A was KRW 1.90,00,000.

The defendant continued to pay KRW 250,00 by credit card at around 02:49 on the same day.