A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal record] On October 13, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Youngju District Court’s Yeongdeungpo-dong branch, and on February 14, 2017, the Defendant appealed from the Cheongju District Court to six months of imprisonment for a crime of fraud, and filed an appeal with the Supreme Court on May 11, 2017, which was sentenced to one year and six months of imprisonment with prison labor at the Cheongju District Court. However, on the same day, the above appellate judgment became final and conclusive on July 12, 2017.

[Criminal facts]

1. On July 2016, the Defendant committed the act of borrowing money from the Defendant at the home of the victim of the apartment building B in Sacheon-si, Sacheon-si, the Defendant would promptly repay the money to the victim by lending the expenses to the victim, as the expenses required for another person to exercise the right to demand the payment of the expenses.

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However, the defendant did not have any intention or ability to repay money, even if he borrowed money from the injured party, since he/she had any other property without any other property, and thus, the defendant did not have any intention or ability to repay the money.

Nevertheless, on July 14, 2016, the Defendant, as seen above, received cash worth KRW 3 million from the victim’s house as the borrowed money from the victim’s victim on July 14, 2016, from that time, to August 12, 2016, the Defendant received three times, as shown in Appendix I, a total of KRW 25.7 million in cash from August 12, 2016.

2. On July 2016, the Defendant committed the crime of using a credit card, at the home of the said victim C, and on the other hand, at the expense of the said victim C with no other property, the personal damage was caused to KRW 400 million. Therefore, even if the credit card was used under the name of the victim, the Defendant would be fully repaid to the victim when the credit card was claimed to the effect that the credit card would not have any intent or ability to pay the amount.

‘Falsely speaking, it shall be received from the injured party one card under the name of the injured party at the same location, and shall settle 31,000 won from the new trade (state) located in the region of Jinnam-si on July 25, 2016 and shall acquire the same amount of financial gains.