A person shall be punished by imprisonment with prison labor for a term of one year, and a term of five crimes as indicated in the judgment of the defendant for a term of one, two, three or four crimes, respectively.

Punishment of the crime

"2019 Highest 1436"

1. The Defendant who acquired credit card proceeds by fraud may manufacture food trucks if he/she pays KRW 60 million to the victim C at an infinite place on June 2017, and if he/she sells food on a food truck, he/she may use the proceeds as daily expenses.

In order to receive food truck manufacturing expenses, credit card performance shall be accumulated and the credit rating shall be increased.

Since there is a shortage of money to live in the house necessary for the home bed office, a credit card loan will be used to raise credit rating, and the card price will be paid.

“A false representation was made.”

However, the Defendant, while operating a business entity called “D”, has to pay KRW 600 to 70 million every month only as interest for the loan, and the Defendant did not repay approximately KRW 240 million for the pre-tax loan borrowed under the name of the Defendant around 2016. As such, even if using the credit card in the name of the victim, there was no intention or ability to pay the card normally.

As such, the Defendant, by deceiving the victim, received credit cards from the victim, at the Defendant’s office located in the following city E around July 2017 from the victim, and did not pay the amount of credit cards, even though the Defendant used the total amount of KRW 12,124,029 from September 25, 2017 to December 31, 2017 as indicated in the list of crimes in the separate sheet of crimes.

Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.

2. On January 29, 2018, the Defendant shall use the borrowed money for the corporate fund by telephone to the victim C at an unspecified place. The Defendant shall promptly prepare for “10 million won.”

A loan shall be made in lieu of a loan for money.

“A false representation was made.”

However, the defendant did not have an intention or ability to pay the money as agreed to the victim because the defendant had a large amount of obligation to repay as stated in paragraph 1.

The defendant.