Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[2016 High Court Decision 943]

1. On September 9, 2015, the Defendant purchased tobacco at a convenience store operated by a non-person with the name of the victim B in Busan-gu Busan-gu, Busan-gu, but presented it to the employee as if he was a legitimate holder of a credit card bank in the name of D, and acquired a pecuniary benefit equivalent to the same amount by settling the amount of KRW 4,500.

2. On September 9, 2015, the Defendant issued an order of liquor, etc. equivalent to a total of KRW 460,000,000 at the F amusement shop operated by a non-person in charge of the victim's name, Busan Jin-gu, Busan, Busan, and then presented it to the employee as if he/she was a legitimate holder of a credit card of a national bank in the name of D, and thereby, acquired the same amount of pecuniary profit.

3. The Defendant used stolen credit cards using D’s national bank credit cards on two occasions, as described in subparagraphs 1 and 2.

[2016 Go fixed 1156] The Defendant, while having no intent or capacity to sell goods on August 7, 2015, sold to the victim H in the Internet G with a camping test at KRW 75,000.

A false statement, the victim received 75,000 won from the victim to the account in the name of I and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for an offense, and Article 70(1)3 (a) of the Act on Specialized Credit Financial Business, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;