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 of the final judgment.

Punishment of the crime

On April 11, 2013, the defendant was sentenced to 6 months of imprisonment and 1 year of suspended execution in Busan District Court due to fraud, etc., and the judgment became final and conclusive on the 19th of the same month.

The defendant is a person who has worked as a member of the Multi-Stage Co., Ltd.

On December 10, 2012, the Defendant made a false statement to the victim E at the office of the Busan Busan Metropolitan Government branch office located in the Busan Metropolitan Government Co., Ltd., “The Defendant would allow the victim to receive a high rate of profit by using five credit cards in the multi-level sales at the face of a week.”

However, even if the defendant uses the credit card received from the victim, the defendant was in a situation where it is impossible to get the victim to receive a high rate of profit, and the victim was willing to use the credit card for some personal purposes.

On April 6, 2013, the Defendant obtained financial benefits of KRW 32,70,455 in total by using a new card, lot cards, foreign exchange card, Samsung Card, and non-scam card of the victim and allowing the victim to pay the cost of use by means of purchase of goods and cash services, etc., as shown in the list of crimes, on the 20th of the same month, the Defendant received KRW 1 million from the victim’s new bank via a credit card of the victim at the victim’s new bank on two occasions on the 20th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of new cards, foreign exchange cards, details of Samsung cards, details of Busan (BS) cards, details of lot cards, details of Busan (BS) cards, details of transactions of Busan bank, and details of transactions of new banks;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

1. Article 347 (1) of the Criminal Act, the choice of applicable laws and punishments concerning the facts of crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;