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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On May 25, 2018, the Defendant: (a) told the victim D to pay off a credit card in cash at the office of the public bus depot in Nam-gu Incheon Metropolitan City (Seoul) on May 25, 2018; and (b) to the victim D.
However, at that time, the Defendant used the card in the name of the corporation excessively to deduct part of the monthly wage from the card. Even if the card was borrowed from the victim, it was thought that it was used as entertainment expenses, etc. rather than purchasing vehicle parts. Therefore, the Defendant did not have any intention or ability to pay the card use price to the victim.
On May 26, 2018, the Defendant: (a) by deceiving the victim; (b) received an E- Card (F) from the victim; (c) paid KRW 500,000,00 from G K Kinging practice room on May 26, 2018; and (d) paid KRW 12,788,753 in total with the card in the name of the victim from around that time to June 15, 2018; and (c) obtained pecuniary benefits equivalent to the said amount by failing to pay the amount of credit card use to the victim.
2. On June 9, 2018, the defrauded of the borrowed money: (a) the Defendant told the victim to the effect that “the victim shall immediately borrow 300,000 won as he/she needs to leave his/her office; and (b) he/she shall immediately repay the borrowed money.”
However, at that time, the Defendant used the card in excess of the corporate name card to deduct the use of the card from the monthly wage. Since the Defendant used the card borrowed from the victim in the future, there was no intention or ability to pay it even if it borrowed money from the victim.
As such, the Defendant, by deceiving the victim, received 300,000 won in cash from the victim’s position.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Letters, dialogues and descriptions, respectively;