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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. It shall be deemed ex officio prior to the judgment on the ground of appeal ex officio in respect of the fraud by defraudation of credit card use money.
Of the facts charged in this case, the summary of fraud by defraudation of credit card use proceeds is as follows: “The fact is, even if the credit card is used by the victim, that is, even if the victim did not have the intent or ability to pay the price, the defendant lent the credit card to the firstman of June 2015, and if the credit card is placed in the passbook, the credit card price shall not be overdue if it is put in the passbook.
Degnating the victim to the purport that “Acked the victim and used the victim’s Samsung Credit Card Co., Ltd. upon delivery at that time, and did not pay KRW 9,894,609 for the amount of eight months, thereby acquiring property benefits equivalent to KRW 9,894,609.
“ are”.
Therefore, according to the evidence duly adopted and examined by the court below, the court below: ① deceiving the victim as stated in the facts charged; ② issued the Samsung Card 3V2 in addition to the "LG UT Samsung Card 2" used by the victim at the time of June 19, 2015; and around that time, issued the above " Samsung Card 3V2" credit card to the defendant; ② around August 28, 2015, the victim paid KRW 1,00,000 to the Samsung Card Co.,, Ltd. for the use of part of September 1, 2015; ② around September 28, 2015, the victim received the claim for the remaining KRW 8,894,609, excluding the above KRW 1,000,000 from the Samsung Card Co.,,, Ltd. for the use of the Samsung Card 360,000; ③ the defendant received the remainder of the use of Samsung Card 360,000,389,5884,4,49.