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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
On March 20, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud, etc. at the Gwangju District Court, and the above judgment became final and conclusive on the 28th of the same month.
1. From April 2006, the Defendant borrowed approximately KRW 500 million from around KRW 500 million to his family while operating Mat with his family, but he was unable to repay it, and the Defendant was placed in a bad credit position from June 2008.
Accordingly, the Defendant applied for individual rehabilitation in 2009 and paid 300,000 won each month for five years, but he did not pay it from July 2013.
On July 2010, the Defendant obtained credit card proceeds by telephone from the victim B, an elementary school, a creative resident, at a Buddhist area below Gwangju in the middle of July 2010, the Defendant stated that “a level of KRW 1 million is necessary for the dental treatment of fish money. If he lends a card only once to any person or any person within the city of complete completion, he/she shall not be damaged.” The victim believed that he/she gave a copy of the card under the name of the victim to the Defendant or the Defendant C.
Since then, the Defendant again stated that the Defendant would have the victim use the said credit card by posting the phone, and the victim allowed the Defendant to continue to use the said credit card.
However, in fact, the defendant had no intention or ability to pay the price normally even if he borrowed a credit card from the victim's credit card due to bad credit standing.
Ultimately, the Defendant paid the payment in the form of return after obtaining permission to use the Samsung Card with the victim’s test that belongs to the aforementioned false statement.
The amount of money equivalent to KRW 6,087,359 from November 2013 to January 2014 was not settled, thereby obtaining pecuniary profits from the same amount.
B. Around October 2011, the Defendant committed the crime: (a) around October 201, 201, if the Defendant had sufficient capital to the victim at an alcohol house near the Songcheon-dong, Seo-gu, Gwangju, Seocheon-gu, Seocheon-gu, Seoul; (b) at the same time, the Defendant had a large number of vehicles.