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

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

Punishment of the crime

[2016 Highest 3035] On March 2, 2016, the Defendant: (a) sought to post a telephone to an employee with no knowledge of the name of the Defendant’s new card company; (b) increased the card limit by temporarily raising the Defendant’s new card; and (c) around that time, purchased one car amounting to KRW 31,596,747, and settled it with a new card.

However, the defendant did not have an intention or ability to pay the card price even if he purchases a motor vehicle using a new card.

Thus, the defendant had acquired the property profit equivalent to 31,596,747 won of the above automobile price by deceiving the victim company as above.

[2016 Highest 4507] On February 16, 2016, the Defendant was issued a credit card for business use with the maximum limit of 10 million won in the following manner: (a) the Defendant, at a location located in Gwangju City, was issued a credit card to an employee with no knowledge of the name of the victim E Agriculture Cooperatives; and (b) the Defendant was issued a credit card for business use with the limit of 10 million won.

However, in fact, although the defendant was unable to operate the clothes operated by the defendant and did not have any intention or ability to pay the card price due to any particular import, the defendant deceivings the victim's association as above and belongs thereto from February 19, 2016 to the card issued by the victim's association.

3. Between 13. and 13., the Plaintiff paid an amount equivalent to KRW 9,99,00 with the above credit card as the purchase price of automobiles and merchandise coupons on five occasions in total, as shown in the list of crimes in the annexed crimes in the Gwangju Metropolitan City, and did not pay the said card and acquired the same pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of each police statement report (Submission of data by complainants) on F and G, a credit card membership application, a business registration certificate (H), and a credit card transaction report;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. Aggravation concurrent crimes;