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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2014 Highest 685]
1. On September 15, 2013, the Defendant made a false statement to the effect that “the victim C shall buy goods (per day)” before the public bath located in the Chungcheongnam-dong, Chungcheongnam-do. If a credit card is lent, the credit card will be used, and the amount of the credit card will be repaid on the 15th day of each month, which is the settlement date.”
However, the Defendant was thought to use the credit card for the cost of living by lending the credit card from the victim by closing the funeral service at the time, but did not borrow the card for the purpose of the excess purchase. Since he was liable for the debt amounting to approximately KRW 44 million in the absence of any specific property at the time, there was no intention or ability to pay the credit card even if the Defendant borrowed the credit card from the victim from the beginning.
As such, the Defendant, by deceiving the victim, received a new card under the victim’s name from the victim, and used 6,000 won at the D convenience store on September 21, 2013, and 48,000 won at the Ecafeteria on September 22, 2013, and acquired financial benefits equivalent to 30 times from around that time to December 6, 2013, as indicated in the attached List of Crimes (1) in attached Table (1), by using 7,648,50 won for 30 times from that time, and failing to pay the price, thereby acquiring financial benefits equivalent to the same amount.
2. The Defendant made a false statement to the effect that “When he/she lends money to the victim as stated in paragraph 1, he/she would sell the goods and repay the remaining money to the victim.”
However, as stated in Paragraph 1, the defendant did not borrow money from the victim for the purpose of the purchase of excess, and even if he borrowed money from the victim, he did not have any intention or ability to repay it.
The defendant deceivings the victim and received KRW 300,000 from the victim's place of residence from that time, and from that time, 2,20,000 won in total over six times, as shown in the List of Crimes (2) by October 26, 2013.