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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who enters into an agreement on the use of a credit card with the victim B and uses it with the issuance of a credit card.

On December 19, 2017, the Defendant purchased Erocketing vehicles from a person who sells his name-free vehicles in Eunpyeong-gu Seoul Metropolitan Government D agency on the pretext of operating his/her vehicle from the person who sells the vehicle, and was engaged in operating the vehicle normally and paying the credit card service cost as if he/she would pay it to the victim, and requested and approved a specific map service equivalent to KRW 30 million and a credit service equivalent to KRW 1,300,000 for the purchase of vehicles.

However, in fact, even if the Defendant received the above purchased vehicle from a third party, it was planned to sell it to the third party and operate the vehicle with the proceeds of its sale, and did not intend to operate the said vehicle in a normal way. Meanwhile, the said FF had no business performance and management status was very difficult, and there was little possibility to recover the investment amount. The Defendant also did not have an intent or ability to pay the said card amount normally due to the lack of any particular property. The Defendant had a bank right obligation at the time of the delivery, and the obligation borrowed from the branch was about KRW 40 million, and there was no specific property.

As such, the Defendant, by deceiving the victim, received a credit card service equivalent to KRW 31.3 million in total from the injured party, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. The current status of application for membership, delivery by car masters, credit card use details, automobile registration ledger, and deposit details;

1. Application of Acts and subordinate statutes to investigation reports (the current owner of the vehicle purchased by the person under consideration);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of the fact and the point agreed with the victim);