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 2018, the Defendant made a false statement to the victim B by stating that “Any means to raise the credit card limit exists. If the credit card is transferred under the name of the party, it would use the credit card to increase the credit limit and pay the credit card price used within the limit.”

However, the Defendant did not have any intent or ability to increase the credit limit and pay the credit card price, even if he uses the credit card on a dry basis, because the Defendant was unable to pay the credit card price due to insufficient funds.

Nevertheless, from March 19, 2018 to August 23, 2018, the Defendant, by deceiving the victim as above, obtained a credit card from the victim, and settled KRW 56,00 from the Silri to the Silri-ri-si card, etc., the Defendant acquired a total of KRW 42,857,140,00 by using the victim’s wire card, lot card, agricultural card, one card, one card, Korean card, or new card by means of payment and cash services, etc., as shown in the attached list of crimes.

Summary of Evidence

1. Legal statement of the witness B;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to B

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the general fraud [type 1] below KRW 100 million [Special Convicts] - The mitigation element: Where victims are fully responsible for the occurrence of a crime [where the area of recommendations and the scope of recommendations] mitigation range, there is no person who has been sentenced to imprisonment for one month to one year [the general person who has been sentenced to suspended sentence] [the grounds for suspended sentence] - there is no person subject to suspended sentence or heavier punishment: There is no person subject to suspended sentence or heavier.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;