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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
Punishment of the crime
1. On May 12, 2017, the Defendant purchased a FF car in the name of “D” under the name of “D,” a representative in the name of “D,” he operated, and on the same day, issued “H” credit cards from the Victim G Co., Ltd. in the name of “D,” and applied for “specified Limit Services,” which temporarily raises the limit of the use of the said credit card to the victim company by purchasing the said vehicle and using it as if it were used for D operation.
However, in fact, the Defendant had no property owned by the Defendant and was responsible for the debt of approximately KRW 50 million, and was planned to transfer the vehicle purchased to a third party to provide financing to solve economic difficulties, and thus, there was no intention or ability to pay the price in lump sum on June 25, 2017, which is the payment date for the card payment.
Nevertheless, on May 15, 2017, the Defendant, by deceiving the victim company, paid 26 million won with the above credit card that raised a specific level of 31.62 million won among the purchase price of vehicles on May 15, 2017, thereby allowing the victim company to pay 26 million won to C, and by failing to pay the credit card price to the victim company, the Defendant acquired property profits equivalent to the same amount.
2. On May 23, 2017, the Defendant purchased the said K-car in the name of JOsan Branch located in U.S. I, and applied for “L” credit card from the victim company in the name of E on the same day.
On May 24, 2017, the Defendant, by deceiving the victim company in the same manner as stated in paragraph (1), paid 104 million won of the purchase price of the vehicle by the credit card above, which raised a specific level, and made the victim company pay 30 million won to C, and by failing to pay the card price to the victim company, the Defendant acquired property profits equivalent to the same amount.
(i) the evidence;