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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On November 2009, the Defendant became aware of the above victim while working in the “Djuk” located in Jongno-gu Seoul Metropolitan Government, Jongno-gu, Seoul, which was operated by the Victim B.
1. Around February 2010, the Defendant made a false statement to the effect that, in the residence of the above victim in Dongdaemun-gu Seoul Metropolitan Government, the Defendant would not issue a credit card to the said victim “B” with the current bad credit holder. When lending a credit card, the Defendant would use the credit card as a living cost and pay the card price. It is currently a divorce lawsuit with the husband of the Japanese nationality and would be paid a consolation money of KRW 1 billion.”
However, in fact, the Defendant had no particular property at the time, and was in excess of the obligation up to 70 million won for the personal debt. The Defendant was not in the divorce lawsuit with the husband of the Japanese nationality, and was not in the situation of receiving consolation money of 1 billion won in connection with the lawsuit, and thus there was no intention or ability to pay the card price as a promise even if he borrowed and used the credit card from
As above, the Defendant, by deceiving the victim, received nine copies of a credit card from the victim, that is, from June 23, 2010 to November 2, 201, used the credit card to pay the amount in total by 28,910,000 won on 13 occasions, as shown in the attached Table 1 of Crimes List of Crimes, even though the Defendant used the credit card to generate the total amount of 28,910,00 won.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. On March 201, 201, the Defendant, who committed the first police officer on March 201, 201, made a false statement to the effect that “The Defendant, at the same place as indicated in paragraph (1) of the first police officer, was a good point in Mapo-gu, Seoul. The Defendant was able to take over the said main points, which is doing business as a guide, and that, when divorced from the husband of Japan’s nationality, it would be able to receive consolation money of KRW 1 billion.”
However, the defendant did not have any property at the time.