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1. The defendant shall be punished by imprisonment for six months;
2. The request for compensation by an applicant for compensation order shall be dismissed;
Reasons
Punishment of the crime
[2016 Highest 2608]
1. Crimes against victims H;
A. On February 2016, the Defendant committed the first police officer on February 2, 2016, at the “J” located in the first police officer I of the Republic of Korea on February 1, 2016, issued two credit cards in the name of the victim on behalf of the victim. On the same day, the Defendant was issued two copies of the credit cards in the name of the victim on the same day.
The amount of use shall be paid immediately.
“.....”
However, the Defendant did not have any specific property, and even if using a credit card in the name of the victim, the Defendant did not have any intent or ability to pay the amount immediately.
Nevertheless, the Defendant obtained the victim’s consent from the victim that he/she would be able to use the credit card in excess of the price for the surrender of the right to receive the deposit. From February 4, 2016 to February 16, 2016, the Defendant paid the sum of KRW 1,063,700 in excess of the price for the surrender of the right to receive the deposit by the credit card, thereby acquiring property profits equivalent to the
B. On February 15, 2016, the Defendant, who committed the crime on February 15, 2016, called the victim at the time of the performance of the contract in which the Yeonsu-gu Incheon Metropolitan City (hereinafter referred to as the “Seoul”) was located and called to the victim, and “In order to resolve the matter of correspondence, I need to refrain from doing so, and five million won to bring it to the proposal.
If you send KRW 5 million, they will complete the proposal and return it.
“.....”
However, in fact, the defendant was only a plan to use the money received from the injured party to pay the personal debt, and there was no idea to deliver the money for the injured party, so there was no intention or ability to return the money received from the injured party.
Nevertheless, the Defendant said false statement to the victim, and received KRW 5 million from the victim’s account in the name of K on the same day.
2. On June 21, 2016, the Defendant committed a crime against the victim G in the “M” in the city L of the Government, and the victim G is required to perform the duty of care.