A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to six months of imprisonment and a fine of 500,000 won for fraud, etc. in Suwon District Court, and was released from the said prison on April 18, 2017, and the judgment became final and conclusive on July 11, 2017. On June 15, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for the same crime in the same court, etc. and the said judgment became final and conclusive on June 23, 2018.

On July 23, 2017, the Defendant made a false statement on the victim’s residence in Ansan-si C apartment, and the victim D in the same subparagraph, stating that “If a credit card is lent, it cannot make a credit card because of its current credit, it would be used only for the purpose of operating convenience stores, and settle the price.”

However, the Defendant did not use the credit card borrowed from the injured party for the purpose of operating convenience stores, and it was thought that the Defendant would use the credit card in online gambling because it received cash services or purchased goods by using the credit card of the injured party and then received the goods again, and thus, the Defendant did not have the intent or ability to pay the credit card to the injured party for the purpose of operating convenience stores.

After the Defendant received one of the new cards and Samsung Card from the injured party on the same day, on August 13, 2017, and then withdrawn 700,000 won with the victim’s Samsung Card from around August 13, 2017, as well as from September 27, 2017, the Defendant paid 11,000 won in total and did not pay the said amount, and acquired the pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each investigation report (including accompanying documents);

1. A new statement of use of bank cards and detailed statement of use of core bank cards;

1. References to inquiries, such as criminal history, investigation reports (the previous report on identification of the history thereof).