A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On June 30, 2016, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on February 23, 2018.

【Criminal Facts】

The Defendant: (a) around October 7, 2018, the geographical owner B had his trade name “C” and the location of the location as “Seoul Yangcheon-gu D Buildings and E”; (b) had his/her business registered; (c) had his/her “C” substantially operated and engaged in precious metal wholesale and retail business.

On January 10, 2019, the Defendant listened to the phrase that money needs to be paid from the victim H, who is a branch in G restaurant located on the first floor of Gangnam-gu Seoul F, Gangnam-gu, and falsely stated that “I would, at the face of a credit card, use a portable credit card device affiliated with the name of “C,” and make a payment in installments for three months, and then deposit money.”

However, in fact, even if the Defendant received the settlement payment from the credit card company from the beginning due to the circumstance that he has to pay his overdue credit card payment, he thought that all of them will be consumed for the purpose of his credit card payment, personal debt repayment, etc., and there was no intention to issue the victim the card tin payment.

As above, the Defendant, by deceiving the victim as above, obtained a credit card in the name of the victim with the credit card in the same day from the victim, and prepared a false credit card sales slip equivalent to KRW 1,50,000,000 using it, and around the 15th day of the same month, transferred the remaining amount of KRW 7,90,000,000 offset by the overdue payment amount of KRW 3,60,000,000 from the credit card company to the victim, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. The police statement of H;

1. Use of credit cards, investigation reports (specific victim card number);

1. Previous convictions indicated in the judgment: Criminal records, results of the inquiry and personal confinement status, etc.;