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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 30, 2013, the Defendant stated that “A victim E (68 years of age) shall use the credit card of the victim as a credit card settlement with the amount of KRW 300,000,000,000, and the credit card shall be returned after 1-2 months, along with the cost of use, at the D office located in the Busan-gu Busan-gu Busan-do Office.”
However, the Defendant tried to use the victim’s credit card in purchasing goods, cash services, and card loan in excess of KRW 300,000 with the victim’s credit card. The Defendant was released from the bankruptcy on May 2012 due to the absence of property and excess of debt, and was released from the immunity on January 31, 2013. From January 2013, the Defendant did not have any intent or ability to pay credit card bills due to the lack of self-sufficiency, such as receiving living expenses as a person eligible for livelihood benefits.
The Defendant: (a) by deceiving the victim as above; (b) paid KRW 3,523,00,00 from the victim’s name to the victim’s seat; and (c) from that time, the Defendant acquired a total of KRW 49,420,340 by using the above Korean card through 81 times from February 7, 2014, from that time until February 7, 2014.
2. On May 16, 2013, the Defendant agreed to the victim at the same place as before and after May 16, 2013, “If the victim lends one credit card to the victim, the victim will use 20-300,000 won and make a full payment.”
However, in fact, the Defendant attempted to use the victim's credit card from the injured party for purchase of goods, cash service, credit card loan, etc. in excess of KRW 300,000,00,000. The Defendant was declared bankrupt on May 2012 and was exempted from immunity on January 31, 2013. Since January 2013, the Defendant did not have any intent or ability to pay credit card bills because of lack of financial capacity, such as receiving living expenses as a person eligible for livelihood benefits.
The defendant deceivings the victim as above and paid 300,000 won by taking a copy of the No. 300,000 won under the name of the victim on the same day from the victim.