A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the fraud regarding C shall be acquitted.

Punishment of the crime

【2015 order 2611】

1. On February 2014, the Defendant was issued one copy of the foreign exchange card in the name of the victim from the injured party, on the ground that “The credit card payment would be settled on a normal payment date if the credit card is lent to the injured party D” was false at a store in Seoul and below Seoul.

However, in fact, the Defendant did not use the card from around 2013 to lend it from around C in 2013, and was unable to pay the card price. Therefore, it was thought that it was used to prevent a victim from returning the card with the credit card, and there was no intention or ability to pay the card price properly.

Nevertheless, the Defendant: (a) by deceiving the victim as above, issued the foreign exchange card under the victim’s name on February 21, 2014; (b) purchased goods with the said card in the amount of KRW 1,207,140; (c) failed to pay the card amounting to KRW 670,630; and (d) subsequently, until June 27, 2014, the Defendant used the victim’s foreign exchange card over 25 occasions as shown in attached Table 2 of the List of Offenses Act; and (c) did not pay the total amount of KRW 11,99,958; and (d) acquired the pecuniary benefits equivalent to the said amount by failing to pay the said amount.

2. On April 2014, the Defendant related to Samsung Card concluded that, at the Kostststco store located in Yeongdeungpo-gu Seoul Metropolitan Government Seocho-dong, the Defendant was issued one copy of Samsung Card in the name of the victim by stating that, “The Defendant would make payment on a normal payment date by lending a credit card to the Defendant.”

However, the defendant did not have the intent or ability to pay the price properly even if he borrowed the credit card from the victim as above.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) issued Samsung Card in the name of the victim on April 17, 2014; and (c) was paid KRW 2,00,000 by the said card, and did not repay KRW 1,526,00 among them; and (c) from that time until August 26, 2014, the Defendant was as shown in attached Table 3 re-written list of crimes.