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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On December 23, 2016, the Defendant issued a credit card using B’s name, the Defendant made a false statement to the effect that he/she possesses the credit card in the name of B, stating, “The Defendant would not use the card if he/she was aware of the card. I want to have the card reissued.”
However, the defendant did not obtain the consent from B on the re-issuance of credit cards, and there was no authority to request the re-issuance of credit cards in the name B.
On December 27, 27, 208:46 of the same year, the Defendant, by deceiving the victim as above, received one credit card (F) from the Cheongdo-Gun E, the Defendant’s residence, by registered mail, from the victim.
Accordingly, the defendant, by deceiving the victim, delivered property.
2. Fraud by using credit cards issued with the reproduction of B name, without permission.
A. On December 29, 2016, the Defendant presented a credit card in the name of B in order to pay 30,000 won to the H gas station located in Daegu-gun G on December 29, 2016.
However, it is true that the credit card in the name of B was issued by the defendant using the name of B as shown in the above Paragraph 1, and thus the defendant was not a legitimate holder, and there was no permission from B for the use of credit card.
Accordingly, the Defendant, as seen above, induced the victim and settled the principal amount with the credit card in B’s name, thereby avoiding the payment of the same amount, thereby gaining economic benefits, and, as shown in the attached Table 1 of Crimes List, deceiving the victims by suggesting that the credit card was a legitimate holder, as shown in the attached Table 1, and deceiving them, and acquiring property or pecuniary benefits in total amount of KRW 16,605,990 from the victims.
In this respect, the Defendant is as above.