A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On July 11, 2013, the Defendant made a false statement to the victim B (the 48-year-old) who was a taxi engineer in the Gangwon-do Jong-gun, Gangwon-do, stating that “The Defendant borrowed a card to withdraw the money through another person, and borrowed it.”

However, the defendant did not have any intention or ability to deposit money into the account of the victim through another person.

Nevertheless, on July 11, 2013, the Defendant received a total of KRW 2,6450,000,000 from the victim's card by July 23, 2013, such as lending of card loan, cash service, and receipt of a credit card-holder's credit card, etc. from July 23, 2013, the Defendant received a total of KRW 12,645,00,00 from the victim's card with the victim's credit card.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Act and subordinate statutes to a card use statement (new card, bankBC card, modern card, Samsung card);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution - Unfavorable circumstances: A criminal record exists. - He/she appears in a reflective manner when the defendant recognizes the crime, the victim does not want the punishment, and the victim has partially recovered, and there is no criminal record of imprisonment without prison labor or heavier.