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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
A. The Defendant, who was aware of the personal information of B, had been issued a credit card in the name of B by advertising that was used to use it.
1. Issuance or use of a cards by a lot;
A. On July 21, 2014, the Defendant, without authority, filed an application for membership of the card member with the name of "B", "B", "C", "D 101 Dong-dong 1*****", "E" in the name of the workplace, and "B" in the name of the applicant column with the signature of "B" in the name of the private document concerning the rights and obligations, with the intent of exercising the right at a minor place. On the same day, the Defendant, without authority, submitted the application for membership of the card member with the name of "B", "C" and "B" to the employees of the said card company, who are aware of such fact.
B. The Defendant did not have any legitimate right to use the credit card under the name of B issued by the victim's Kaco as above, and the Defendant did not have any intent or ability to pay the price even if the credit card was used.
Nevertheless, the Defendant, on July 31, 2014, provided gasoline equivalent to KRW 29,598 from FF employees of the limited company, presented the said credit card and settled the price as if he/she had been given a legitimate right to use the said credit card, as well as by obtaining the delivery of the goods, from July 31, 2014 to January 13, 2015.
2. On September 26, 2014, the Defendant issued and used a single card, and the Defendant took phone calls to the employees of one card company at a non-displace on September 26, 2014, and was issued B from one card after filing an application for the re-issuance of a credit card as one’s own as B, and thus, the said credit card did not have a legitimate right to use the said card, and the said credit card was used.