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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Basic Facts] Around May 2015, the Defendant first sent the Victim C (n, 49 years of age) to the victim at the time. In introducing himself to the victim, the Defendant was able to resolve the financial problem of the company working for the victim due to (i) the Chairperson of Seocho-gu Seoul Metropolitan Government (E) the surplus funds in 10 billion won and (ii) the amount of surplus funds in 10 billion won.
However, in fact, around 197, the defendant was unable to engage in financial transactions in the name of the defendant due to the default of the company and the bad credit holder due to the default of the company, and the credit card operator could not be issued. (State) E was limited to a company with no body that did not establish the corporation.
【Criminal Facts】
1. On June 2015, the Defendant made a false statement to the victim, stating, “The Defendant, at a restaurant in which it is impossible to know the trade name in the area of Sungnam-si, Sungnam-si, the Defendant borrowed a credit card, which is entrusted to the next boat, and received KRW 80,000,000 from the commission. If the money is included in the passbook, the card price will not be overdue.”
However, the Defendant, at the time, was operating a sect under the name of another person, but was funded by paying other debts with the revenues of that sect, and there was no surplus funds available for the Defendant. Therefore, even if using a credit card by the victim, there was no intent or ability to pay the amount.
The Defendant, by deceiving the victim, received one copy of the victim’s Samsung Credit Card from the victim at around July 8, 2015, used the victim’s name for two months from July 8, 2015, paid KRW 5,620,841, and did not pay KRW 9,894,609, the Defendant acquired property benefits equivalent to KRW 9,894,609.
2. The Defendant, around June 15, 2015, at the victim’s residence located in Yong-si, Young-si F, and at the victim’s residence, (a) KRB Capital used by the victim for lease.