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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
The defendant of "2018 Highest 2075" is a person who has been engaged in soliciting credit card subscribers, and around July 2017, the defendant will terminate the "F card (credit card number: G) in the residence of the victim D, the senior mother of the defendant in Gangdong-gu Seoul Metropolitan Government B apartment C, with the "E bank," and the "F card (credit card number) in the name of the existing victim."
‘A false statement' was made.
However, in fact, the defendant had no intention to terminate the F card under the victim's name because he had obtained the said F card from the victim and used it for lending of card loan and purchase of goods.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a loan of KRW 1,00,000 through the card loan service from the said F Card around July 24, 2017; and (c) obtained a total of KRW 44,896,000 using the said F Card over 50 times from the above date to January 5, 2018; and (d) obtained a pecuniary benefit equivalent to the same amount by using the said F Card over 50 times as shown in the attached Table 1.
"2018 Highest 2587"
1. Fraud;
A. On February 2015, the Defendant entered into a false statement that “The Defendant would lend 100,000 won per month, and pay the card payment to the victim” at the victim I’s parking lot located in Hari-si, Seocho-si.
However, at the time, the defendant had approximately KRW 20 million of personal liabilities and the amount of debts that could not be calculated as a loan on behalf of his or her own omission, and even if he or she borrowed credit cards from the victim due to the absence of any particular assets, he or she did not have the intent or ability to pay the user fees and the amount of the loan properly.
Nevertheless, the defendant deceivings the victim as above, and consequently, he shall make a total of three credit cards, such as the victim's J card and E card in the victim's name, and K's mother L Card in the victim's name.