A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 2012, the Defendant acquired money under the name of a vehicle installment loan by phone call from the victim C at an insane point of view (hereinafter referred to as “the Defendant”) and made a false statement to the effect that “The Defendant would make loans to the victim C be made more interest than the interest on an insane loan currently being repaid, and would receive a loan exceeding the amount of the existing loan from the modern market at home, and if part of which is re-deposited to the modern market, it would be possible to make a loan with a higher interest than the existing loan if it is re-deposited to the modern market.”

However, there was no demand for deposit funds in the modern society, and the defendant, in the name of the victim, received more money than the existing loan in the modern society, and returned the money under the name of the victim as the name of the deposit, and was thought to use the money for living expenses by deceiving the victim.

The Defendant, as seen above, by deceiving the victim and deceiving the victim, received money of KRW 5.2 million from October 5, 2012 to the Bank Account in the name of the wife in the name of the Defendant, which was used by the victim.

2. On November 3, 2012, the Defendant acquired credit card payment by fraud, the lower court concluded that “A victim C may borrow a credit card that is not cash in order to see a customer’s meal substitute, and if a transaction has occurred due to the nature of the transaction, he/she may receive a full payment of money.”

However, in fact, the Defendant did not have certain income at the time and did not have any other property, and was living conditions to the extent that he could not pay monthly rent for the residence, and the sum of money borrowed from the financial institution and the lending company reached KRW 30 million, and the credit card was frequently overdue, and thus, even if the Defendant borrowed the credit card from the damaged party, the Defendant did not have the intent or ability to pay the money, and the borrowed credit card was used for the settlement of entertainment expenses such as entertainment places rather than for customer meals.

The defendant is the victim as above.