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A defendant shall be punished by imprisonment for not less than five months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant came to know of the Victim B around 1999 and agreed to marry with the Victim B around July 2001 while the Defendant was in school with each other.
On July 7, 2001, the Defendant told the victim at the Defendant’s home located in Songpa-gu Seoul apartment to the effect that “I must immediately marry, but I will manage the household because there are many expenditure. I will change the credit card.”
However, in fact, the defendant was trying to get the credit card of the victim to be used in the future by the victim, and even if using the credit card, there was no intention or ability to pay the price.
Nevertheless, the Defendant received three copies of the victim’s credit card (D card, E card, and F card) and two debit cards from the victim at around that time, and used the victim’s D Card on August 11, 2001 by borrowing KRW 300,000 with the victim’s D Card, and acquired financial benefits equivalent to the same amount by using the victim’s 31,336,37 won in addition to attached crime sight table 1,2, and 30,000 won and the victim’s card.
Around December 6, 2001, the Defendant stated that “I” singing bars operated by the Victim H in Gangdong-gu Seoul Metropolitan Government, “I,” and “I will pay money within three months, if I lent KRW 3.5 million to another business establishment, I will pay the money.”
However, the defendant did not have any intention to work at the above I's point, and there was no intention or ability to complete payment of the above 3.5 million won.
Nevertheless, the defendant received 3.5 million won from the victim immediately and acquired it by fraud.
Summary of Evidence
"2018 Highest 260"
1. Defendant's legal statement;
1. Statement of the police preparation concerning B;
1. Loan certificates, the details of the D Card, the E- Card details, and the F Card details "2018 Highest 366";
1. Defendant's legal statement;
1. The written statement prepared by the prosecutor with H;
1. Application of Acts and subordinate statutes on notarial deeds;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;