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A defendant shall be punished by imprisonment for two years.
An application for compensation order shall be dismissed by an applicant.
Reasons
Punishment of the crime
On March 29, 2010, the Defendant: (a) entered into a special agreement with Amale F store on door-to-door sales transaction on the third floor of the building in Busan, Busan, the third floor of the building; and (b) entered into a door-to-door sales transaction agreement with Amale F store; and (c) was engaged in the door-to-door sales business; (d) on April 12, 2017, the Defendant closed the said franchise store on July 1, 2017.
1. Fraud related to credit card settlement (victim H, I, J, K, C, and D) Defendant would demand the victim H to pay the credit card payment at a place on May 2017, 2017, in which the victim H “the card performance is required as a precautionary measure against the outstanding amount. There are many professional benefits such as allowances at the time of credit card sales. If the card is lent, it would be made false sales and the payment of the credit card payment would be made immediately when the credit card payment enters.
“.....”
However, the Defendant, at the time, did not have any intent or ability to pay the settlement amount to the victim in a normal manner because, under excessive circumstances, the Defendant extended cash by using several credit cards, and continuously prevented the return of the credit amount while using them for living expenses, etc., such as the amount of debt 30 million won and the amount of debt 2-300 million won to the Bank’s liabilities and the amount of tax in arrears. In addition, the Defendant had no intent or ability to pay the settlement amount to the victim in a normal manner.
Nevertheless, the Defendant: (a) by deceiving the victim as above, and paying KRW 10,00,00 on May 17, 2017 using a credit card (credit card) in the name of husband K of the victim who was received from the victim H; (b) and then, (c) paid KRW 215,50,000 on 24 occasions from that date to June 16, 2017, the Defendant acquired pecuniary benefits equivalent to the same amount by failing to return the amount equivalent to the above amount to the victims on behalf of the victims, such as the credit card in the name of the victims, and by failing to return it.
2. Frauds related to agricultural merchandise coupons (victim H.