A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Punishment of the crime

"2019 Highest 278"

1. Fraud against the victim C;

A. Around October 10, 2017, the defrauded of the borrowed money: (a) the Defendant made a false statement to the victim C who was aware of the usual credit in Incheon D, stating that “I would pay 1,300,000 won to the victim C with the borrowed money if I want to resolve the deferred credit card price of KRW 5,00,000,000.”

However, in fact, the Defendant had only a debt amounting to KRW 60 million without any particular property at the time, and had paid the principal and interest of the above debt with the money borrowed from the victim. Since the Defendant’s income alone is unable to pay interest on the above debt, there was no intention or ability to repay the debt even if he borrowed money from the victim.

The Defendant acquired 5,100,000 won from the victim’s bank account in the name of the Defendant on the same day, and acquired 5,100,000 won from that time to February 10, 2018, and acquired 238,948,000 won in total from the victim through 42 times as shown in the attached crime list (1) as above, from February 10, 2018.

B. Around October 2017, the Defendant acquired credit card proceeds by fraud, the lower court concluded that “If a credit card is lent, the Defendant will use the credit card and pay the credit card price to the victim C.”

However, the Defendant had only a debt worth KRW 600 million without any particular property, and there was no intention or ability to pay the amount even if he uses the credit card of the victim.

The Defendant received a G card, H card, and corporate bank visa from the victim from November 8, 2017 to February 12, 2018, and acquired it by deceptioning KRW 18,626,280 by using the victim’s credit card in the name of the victim on 49 occasions through the aforementioned method, such as the list of crimes (2) as shown in the attached Table of Crimes (2) from November 8, 2017.

2. The criminal defendant against the victim I in fraud is around December 2017.