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The defendant shall be innocent.
Reasons
Ⅰ. On October 14, 2016, the Defendant was sentenced to two years of imprisonment for fraud at the Gwangju District Court, and the said judgment became final and conclusive on April 14, 2017.
1. On August 20, 2015, the Defendant acquired credit card proceeds by fraud to the effect that “A victim M& who wants to operate a restaurant at the Ro hospital coffee shop located in Q, Seo-gu, Seo-gu, Gwangju, “The credit rating is low, a preferential card is issued, so that a restaurant may be operated by raising credit rating, and the card value shall be repaid.”
However, the defendant did not have any specific property at the time, so even if he borrowed a credit card from the injured party, he did not have any intent or ability to repay the amount.
Nevertheless, around September 5, 2015, the Defendant received four cards, such as a cards, from the injured party, and used 3,577,000 won for the purchase of electronic equipment at the Hart executive branch in the Seo-gu Standing District, Seo-gu, Gwangju, and then did not pay KRW 30,694,770 over 118 times in total from around that time to February 29, 2016, and did not pay KRW 10,17,063, and did not pay KRW 10,77,063.
2. A false statement was made to the effect that, on August 20, 2015, the Defendant defrauded the borrowed money to the effect that “The Defendant would repay the money to the victim after he/she borrowed the money outside the credit card to the victim at the coffee shop as stated in paragraph 1.”
However, the Defendant did not have any intent or ability to repay the above even if he borrowed the money from the injured party as a person of bad credit standing at the time without any particular property.
Nevertheless, the Defendant received a cash of KRW 17 million from the injured party on September 2015 and used by the Defendant on December 30, 2015.
H Frauding KRW 19 million, such as receiving KRW 2 million from the bank account (S) in the name of the Republic of Korea.
Ⅱ The judgment is based on each legal statement of M and H, card use statement, loan certificate, .