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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Fraud (1) around November 5, 2013, the Defendant made a statement to the effect that “A victim C (num, 44 years old) is in need of money because it is difficult to live, and a credit card loan and a loan of a lending company in the name of the victim would be repaid later without the mold.”
However, the Defendant did not have any intention or ability to pay the loan even if he received the loan under the name of the victim because the Defendant had been liable for approximately KRW 18 million with five lending businesses at that time.
Nevertheless, the Defendant, as above, made a false statement to the victim and obtained the national card and its password from the victim’s name, and obtained 5 million won from the KB Card Co., Ltd. on November 5, 199, and obtained 7 million won from the social loan of EWP on November 15, 199, and 1 million won from the social loan of EWPPP in November 27, 200, and 2 million won from the EWP loan of November 28, 200, from the EWP loan of November 28, 200 and 3 million won from the LWF Savings Co., Ltd. of the same year, and obtained 7 million won from the HK Savings Co., Ltd. of November 29, 200, and 3 million won from the future financial loan of December 19, 2008, respectively.
(2) On January 5, 2014, the Defendant was at the same place as the victim C’s credit card use fraud, stating to the effect that “If he/she lends his/her national card under the name of the victim, he/she would use it, and then make payments without a mold to prevent any damage to the victim.”
However, at that time, the Defendant had been liable for approximately KRW 18 million to five lending companies, and as stated in the above paragraph (1) above, the Defendant borrowed KRW 28 million in the victim’s name, and thus, used the victim’s credit card.
Even if there was no intention or ability to repay it.
Nevertheless, the Defendant makes a false statement to the victim as above.