A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 2016, 2016, the Defendant concluded that “The Defendant would pay the card price to the virtual account on every monthly deposit day by posting a phone to the victim C (C) by posting a phone in the name of aner.”

However, in fact, the Defendant did not have any property under the name of the Defendant at the time of receiving the credit card from the injured party, and had no certain place of work, and had used the credit card in the same way as the injured party did not pay the card price after using the credit card in mind. Thus, there was no intention or ability to pay the card price from the beginning as agreed with the injured party.

Accordingly, the Defendant: (a) by deceiving the victim as above; (b) around November 4, 2016, the Defendant received each copy of Samsung Card (Credit Card Number: D) under the victim’s name; and (c) around July of the same month, issued one copy of Hyundai Card (Credit Card Number: E) under the victim’s name; and (d) paid a total of KRW 8,997,410 over 49 times from around the same month to the 14th day of the same month, and did not pay the said card amount, and thereby, acquired pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of use of each modern card and Samsung Card;

1. Application of the police statement protocol law to C

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

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing criteria [the scope of the recommended punishment] and the sentencing criteria [the range of the recommended punishment] set forth in the category 1 (less than KRW 100 million) and the mitigated area (one month to one year) are not subject to the punishment;

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable condition: