A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 5, 2015, the Defendant: (a) purchased Efranchising vehicles from the “Modern Automobile D Agent” located in the building in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; (b) received a “Ma BLE Ed Action” issued from the Defendant Hyundai Card Co., Ltd.; and (c) paid 30,388,000 won for the purchase of vehicles in a lump sum by using it; and (d) paid the purchase price on March 15, 2015.

However, the Defendant did not have any intent or ability to pay the above credit card fees according to the agreement, because the Defendant, around that time, had a debt exceeded KRW 100 million, on the other hand, did not provide the said purchased vehicles to the non-performing credit service provider with any particular property or income.

As such, the Defendant: (a) by deceiving the victim; (b) obtained the credit card from the injured party; and (c) used the credit card to settle the amount of KRW 30,388,000 as the purchase price of motor vehicles; and (c) thereby, acquired the same pecuniary profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. An application for membership of a modern card member;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., confession and reflect of the defendant, and there is no punishment imposed by the defendant exceeding the fine).