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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 201, the Defendant concluded that, at the home of the victim D, the Plaintiff “I would not have any money to prepare for the administrative notice after graduating from the school and making a public notice. If I would lend a credit card, I would use it as transportation expenses and food expenses, and would receive a gift of 2.5 billion won from the IB in July 201.”
However, even if the defendant uses the credit card of the victim, the defendant did not have the intent or ability to pay the amount of use, and there was no other fact that he graduated from the school, and there was no scheduled fact that the defendant would receive 2.5 billion won as a gift from the domicile of the defendant.
The Defendant, by deceiving the victim as above, received a credit card from the victim’s bank in the name of the victim, and then acquired the same amount of monetary benefits as the Defendant did not use the total amount of KRW 1,871,879 from May 27, 201 to July 25, 2011.
2. Around June 10, 2011, the Defendant, at the same place as indicated in paragraph 1, concluded that “If the Defendant borrowed KRW 7 million due to a lot of damages arising from the inside of the house, he/she would receive a donation from a donor on July 201, 201, and pay the interest along with the card price, as if it were the last time.”
However, the Defendant did not have to receive a donation of KRW 2.5 billion from the Republic of Korea, and the Defendant did not have any intention or ability to pay the money borrowed from the victim.
The Defendant, as above, was issued cash equivalent to the same amount by deceiving the victim and then withdrawing seven million won by receiving a new check from the victim.
3. The Defendant, on June 201, committed fraud of the use of a new card, at the same place as stated in paragraph (1) to a policeman, and even if he/she uses a credit card in the name of the injured party in transit, the use amount shall be the same.