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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. Fraud;
A. Around August 2010, the Defendant’s credit card fraud made a false statement to the effect that, at the home of the victim D, Asan-si C Apartment 104 Dong 1103, and around June of the same year, the Defendant came to run away from the election of the head of the Si/Gu Si/Gu Si/Gu Si/Gun/Gu, and that, “the Defendant would use the credit card if the Defendant was elected to the head of Si/Gun/Gu/Gu/Eup/Myeon/Dong. It is necessary for the Defendant to take out the election of the head of Si/Gun/Gu, and purchase the land from the auction at the Si/Gun/Gu. It is possible to complete the payment even if he sold the land, and if the Defendant was elected to the head of Si/Gun/Gu, it would reduce the monthly wage of KRW 10 million.”
However, the defendant did not own the above real estate, and there was no idea of going through the election for the head of the Suhyup Cooperative, and there was no specific property or income at the time, and there was no intention or ability to pay the credit card price normally even if he borrowed the credit card from the victim due to no special property or income at the time.
Around August 15, 2010, the Defendant received the Victim’s Nonghyup Card from the Victim, and paid an amount equivalent to KRW 21,700 from the Victim’s No.C., and acquired and acquired pecuniary profits equivalent to the said amount from the Victim by acquiring the said No.C. Card, Samsung Card, Korea Card, and National Card from November 9, 201 to November 9, 201.
B. Around May 31, 2011, the Defendant made a false statement to the effect that “Around May 31, 2011, the Defendant obtained a loan from the victim under the name of a party because the expenses for election of the head of the Suhyup Cooperatives are urgently required, and if the head of the Suhyup Cooperatives is the head of the Suhyup Cooperatives, he/she shall give a monthly wage of 10 million won to the party, and he/she shall make a repayment immediately after selling the land.”
However, the defendant's intent or ability to pay the loan normally even if he/she obtains the loan under the name of the victim.