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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around April 2011, the Defendant concluded that “A victim C, who had been a researcher at the time, who had retired from an entertainment drinking house, wanted to engage in another work, and if he/she borrowed a loan with a prepaid payment of KRW 43 million, he/she shall pay the loan.”
However, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because there was no certain income at the time.
As a result, the Defendant, by deceiving the victim, received KRW 43 million from the victim, around that time, and received KRW 78 million in total over four times, as shown in the list of crimes in the attached Table.
2. Around April 17, 2011, the Defendant made a false statement to the victim “I would make a credit card and pay the amount of use on the face of the week.”
However, the defendant did not have any intention or ability to pay the price normally even if the credit card was delivered by the victim because there was no certain income at the time.
Accordingly, the Defendant, by deceiving the victim, obtained a credit card from the victim, and used it from April 17, 201 to November 201, 201, and did not pay 22050,000 won of the price, thereby acquiring financial benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes to specifications of details of savings deposit transactions, debt certificates, and debt certificates (new cards, KB National Cards);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the fact that the victim does not want the punishment against the defendant by agreement with the victim, the fact that the victim does not have any particular criminal power, and the fact that the victim