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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. The Defendant and the complainant were aware of each of the following carpets as a member of the victim A Q counterpart crime and the complainant.
A. On November 16, 2013, the Defendant: “Around November 16, 2013, the Defendant operates a loan business for the number of days of internal house loan and the age key store,” and prepared for the operation of the senior secretary in the Indonesian Building.
Along with the interest that he/she borrowed money, he/she shall pay in full.
However, the defendant did not operate a knife store, and even if he borrowed money, he did not have the intention or ability to change it to the victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) was transferred from the victim, to the new bank account of the Defendant at his seat, KRW 4 million; (c) KRW 6.1 million on November 18, 2013; (d) KRW 10 million on November 22, 2013; (e) KRW 3.94 million on November 27, 2013; and (e) KRW 27.4 million on November 27, 2013.
B. On November 12, 2013, the Defendant stated that “Around November 12, 2013, the Defendant would use a credit card on the loan and pay the credit card to the said victim without a clear payment on the settlement date.”
However, the defendant did not have the intent or ability to pay the price even if he borrowed and used the credit card from the above victim.
Nevertheless, the Defendant: (a) by deceiving the victim as above and making a false statement from the victim; and (b) using credit cards issued by the complainant, the Defendant acquired financial benefits equivalent to the amount of KRW 2625,00,000 from the main point of “AS” to the main point of “AS” on November 13, 2013; (c) KRW 190,000 from the main point of “AS”; (d) KRW 190,000 from November 14, 2013; and (e) KRW 270,000 from the “AU” restaurant on November 15, 2013 to the “AV” restaurant, including KRW 2.65,000,000,000,000, and not paying the price.
(c)
On November 19, 2013, the Defendant, at “AV” restaurant located in Gangnam-gu Seoul, had the Defendant drink and settle alcoholic beverages. The card of the said victim is the card.