A defendant shall be punished by imprisonment with prison labor for three months.

Punishment of the crime

On October 17, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for an injury, etc. at the Busan District Court Western Branch, and the judgment was finalized on December 12, 2019.

At around 22:00 on February 1, 2019, the Defendant made a false statement that “A” operated by the victim C in Busan, Seo-gu, Busan, would be paid later if the Defendant lent a credit card to the victim to buy the name-saving gift of the company employees.”

However, the defendant thought that the defendant would use the credit card for entertainment and living expenses with the credit card from the victim, but did not think of the company's employees' life-saving gift, and did not have any intention or ability to pay the amount of credit card use.

As above, the Defendant: (a) by deceiving the victim; (b) borrowed a credit card from the victim’s name on February 2, 2019; (c) paid the purchase price of KRW 10,700 from the Flock Points located in Busan Seo-gu, Busan on February 2, 2019; and (d) obtained economic benefits equivalent to the same amount by failing to pay the purchase price of KRW 9,117,800 in total on 36 occasions from the time to the fourth day of the same month as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (Correction of the amount of sales);

1. A detailed statement of sales by member;

1. Previous records of judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of the judgment;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes are as follows: (a) even though the Defendant, who received a considerable amount of money from the victim, has not yet been able to get used from the victim; and (b) there are records of punishment for the same kind of crime.

However, the defendant committed the crime of this case.