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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 1861]
1. Around September 5, 2008, the Defendant against the victim B made a false statement to the victim B, “E office near the subway No. 7 subway station located in Dongjak-gu Seoul Metropolitan Government, “E” and selling it to any other person. If the Defendant borrowed the credit card of his father B (title B) to B, the Defendant purchased the target and would make a payment of the credit card price to him/her regardless of the settlement date.”
However, as above, there was no intention or ability to pay the amount of use even if the victim uses the credit card.
The Defendant received a new card (credit card number: F) from the victim's name, and settled the amount of KRW 1760,000 on September 5, 2008, and KRW 388,000 on September 10, 208 with the purchase price for the above target period, respectively. The Defendant received one f-C card (credit card number: G) from the victim's name and settled the amount of KRW 880,00 on September 10, 208 with the purchase price for the above target period, but acquired the financial benefits equivalent to KRW 6.520,00 in total due to the failure to pay the credit card price on the date of settlement.
2. On April 16, 2010, the Defendant against the victim H made a false statement to the “J” office located in the Gangnam-gu Seoul International Office of “J”, stating that “A victim is in charge of the affairs and transfers on the part of the Republic of Korea during the U.S. event of domestic J” to the victim, and that, in the event of a travel product of USD 385 (a product whose membership is registered with the J and thus awarded an ID discount, the actual cost of the travel product will be paid only KRW 270,00,00,000, and the remainder will be borne by the member recruitment.” Accordingly, the Defendant made a false statement to the effect that “ID will be paid a certain amount of allowance upon the recruitment of the members.”
However, the facts did not have the intent or ability to provide the victim with the benefit of travel, even if the victim received the travel product subscription fee from the victim.