A defendant shall be punished by imprisonment for one year.

The seized National Credit Card, Seoul Northern District Prosecutors' Office, 201, No. 160.

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court on December 27, 2012, and completed the execution of the sentence at the Incheon Detention House on August 10, 2013.

[2014 Highest 143]

1. On January 11, 2014, the Defendant acquired one copy of the national card owned by C, which was lost by the victim C at the front parking lot located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon around 18:00.

The defendant did not follow necessary procedures, such as returning the above acquired card to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. The Defendant did not have any intention or ability to pay the food cost on the ground that the Defendant was in possession of 30 million won in cash at the time, even if he had food and drinked at a main place, etc., and had the credit card of another person acquired as referred to in the above paragraph (1) as if he were the Defendant.

Nevertheless, around January 13, 2014, the Defendant ordered alcoholic beverages equivalent to KRW 100,00 at H main points operated by the victim G in Dobong-gu Seoul Metropolitan Government F, and paid KRW 100,000 for alcoholic beverages by presenting and completing the credit card lost by C as if it was the Defendant’s card. On January 14, 2014, the Defendant continuously issued an order for alcoholic beverages equivalent to KRW 50,000 at the same main point, and presented the credit card lost by C, and paid KRW 50,000 for alcoholic beverages as if it was the Defendant’s card.

Accordingly, the Defendant, by deceiving the victim, received property, and C used the lost credit card.

3. Around 02:00 on January 14, 2014, the Defendant appears to have paid the amount at the “K” danran bar operated by the victim J in Dobong-gu Seoul Metropolitan Government, and ordered the victim to provide alcohol, alcohol, etc.

However, the fact that there is no money at the time is provided with alcoholic beverage and alcoholic beverage.