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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The victim flusty card, Inc., is a company issuing an automatic filling card on expressway, and if the balance does not exceed a certain amount (10,000 won or KRW 20,000), the card is a card in the form of automatically charging the balance when paying the fee using the above card, and then collecting the amount deposited in the customer's deposit account.
On February 10, 2014, the Defendant issued an automatic charging card (credit card number C) to the victim company's name in the name of the victim company and charged KRW 30,00 won on November 11, 201, when he/she was issued the above automatic charging card at the Korean-Korean corporate establishment located in 1855 (Songnam-gu, Daejeon).
However, in fact, the defendant did not have any specific income, and even if using the above card, he did not have any intention or ability to pay the use price.
As such, the Defendant, by deceiving the victim and using the automatic charging card, used 30,000 won, failed to pay the above amount to the victim company, and acquired a total of 32,580,000 won from that time to October 1, 2015 by issuing a card under the name of D, E, and F from that time, from that time to December 1, 2015, by automatically charging KRW 32,580,00 in the name of himself/herself and his/her family members, and then not paying the amount.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A summary of the current status of illegal use of automatic charging cards;
1. Application of Acts and subordinate statutes to written confirmation of application for automatic charging cards;
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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection.