A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Power] On August 31, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on September 8, 2017 at the Suwon District Court House for the violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

From May 2012 to April 2015, the Defendant promised to marry with the victim’s “D” located in the operation of the victim B B from May 2012 to April 2015. However, the Defendant concealed the fact that there was a child with the other female living together with the victim, and neglected to collect money owned by the victim.

In May 2012, the Defendant made a false statement to the victim, “The Defendant had a fishing business in In Mancheon and there is a customer in Osan, who will pay the price to the customer. If the Defendant borrowed the card under the name of the victim, the Defendant would pay the price to the customer and enter the money into the fishing business.” In so doing, the Defendant would pay the money on the 26th day following the credit card settlement date.”

However, even if the Defendant borrowed money from the victim, he/she was planned to repay his/her personal debt or consume it with living expenses, etc., and there was no intention or ability to repay the borrowed money due to no particular property or income.

Nevertheless, the Defendant, by deceiving the victim as above, received one E card under the victim’s name from the victim and then acquired 2,370,400 won in F with the above card around May 10, 2012, and 120,000 won in G around May 14, 2012, and 53,000 won in H around May 16, 2012, and 2,543,400 won in total, while paying 53,00 won in H, the Defendant did not pay the card to the victim, thereby acquiring property benefits equivalent to the same amount, from that time until October 23, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B;

1. A complaint;

1. Each E card sales statement, personal data trading status, detailed statement of deposit transactions, details of deposit transactions, details of deposit and withdrawal transactions, and statement of account transactions;