A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 31, 2002, the Defendant left Korea in Japan and demanded the police to summon himself as the instant case on or around February 2002, and was aware that he did not return home with the intention of escaping criminal punishment, and continued to stay in Japan on March 23, 2014.

On May 25, 2001, the Defendant applied for a loan of KRW 5.6 million to the employee of Samsung Card Co., Ltd. in the name of the Defendant using Samsung Card (C) in the name of the Defendant.

However, the Defendant, at the time, was liable for KRW 50 million, and the credit card was issued with five credit cards and settled the card price in the so-called “fluoring” manner. Since the costs of the automobile subscription and the payment was more than the revenue due to the automobile subscription, the Defendant did not have any intent or ability to pay the credit card even if he received the loan.

Nevertheless, the Defendant, as seen above, by deceiving the employees of the victim, received KRW 5.6 million from the victim on the same day, and from that time, by July 25, 2001, obtained a total of 20 times as shown in the separate crime list, by deceiving the victim’s employees, and by failing to obtain a loan equivalent to KRW 1,72 million from the victim or to pay the card price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Copy of an application for membership of Samsung Card;

1. Application of Acts and subordinate statutes to the status of entry and departure of each individual and the arrest report thereof;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Determination of types of crime: Type 1 (less than 100 million won) for general fraud;

2. Determination of the scope of sentence: Reduction area, range from one year to one year (the person who is a special mitigation offender shall not be punished, or a significant damage shall be recovered);

3. Where the accused stays abroad for a long time in order to escape criminal punishment;