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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was working in a restaurant (B) at around September 2017 as an employee, and there was no other property or occupation and there was a debt amounting to 20,000 won incurred due to gambling and living expenses. On February 26, 2018, the Defendant borrowed a total of 78,90,000 won from five banks, such as C Bank and D Card, etc., and did not have any intention or ability to repay the debt even if the Defendant received a loan or used credit card.
Nevertheless, on February 26, 2018, the Defendant used E-credit card loans of KRW 20 million, cash services of KRW 4.8 million, and KRW 24.8 million from February 23, 2018 to March 9, 2018 with the above credit card loans of KRW 34,309,656, and did not pay KRW 33,619,200 with the above credit card over 34 times from February 23, 2018 to March 9, 2018, and did not pay the amount equivalent to KRW 33,619,200.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Finding of complaint, H, and I lending information, inquiry into the details of possession cards, inquiry into the application for membership, and inquiry into the details of deposits;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. The fact that there are many reasons for sentencing under Article 62(1) of the Criminal Act, which is disadvantageous to the defendant.
On the other hand, the fact that the defendant recognized his mistake and did not repeat the crime while reflecting the fact that he did not commit the crime, there is no criminal record for the same kind of crime, and that he agreed with the creditor of the victim's credit.
In full view of the circumstances, such as the circumstances of crimes, the method of taking crimes, the circumstances after crimes, the records of crimes, the prosecution's life (one year of imprisonment), etc., it shall be decided as ordered.