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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On July 12, 2012, the defendant was sentenced to five years in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).
8.27 The above judgment became final and conclusive.
From May 2007, the Defendant got profits by lending a credit card in the name of a woman B from the victim who had a relationship with him/her, using it for personal purposes, and not paying the price properly.
On September 2, 2007, the Defendant stated to the effect that “If a credit card is lent, it will be used to pay the purchase price of TV, and if the credit card is claimed, it will pay it instead of the payment.”
However, in fact, the defendant did not have any intention or ability to pay the claim amount properly even if he borrowed a card from the victim because he did not have any property or income in bad credit standing up to KRW 100 million.
The Defendant, by deceiving the victim as above and paying KRW 1.74,00,00 of the purchase price of Samsung TmbTV with the victim’s scam card received from the victim on the same day, from that time, and by using five copies of the credit card, such as the above scam card, for the settlement of payment through July 14, 2009, as shown in the attached list of crimes, and by using the victim’s credit card, such as the above scam card, for a total of 264 times, as shown in the attached list of crimes, charged the victim with the burden of incurring the amount equivalent to the total amount of 28
Summary of Evidence
1. Defendant's legal statement;
1. Statement No. B in the suspect interrogation protocol of the accused two times against the police;
1. Each police statement concerning B;
1. The details of the use of credit cards (two books of investigation records, one thousand 6-89 pages);
1. Previous convictions in judgment: Application of Acts and subordinate statutes to the accused's legal statement, criminal records, previous rulings and reports on the results of confirmation, investigation reports (verification of the suspect's separate records and reports attached to his/her judgment);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;