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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On 207, the Defendant was unable to repay financial obligations equivalent to KRW 30 million in the course of operating a scambling, and was in bad credit standing because of the Defendant’s failure to repay his financial obligations. Since then, the Defendant was living together with his family for economic reasons after moving daily labor without a certain occupation, and was living together with his parent’s family for the reason of economic reasons, with the Defendant’s father C name passbook and a certified certificate related thereto, and was used for the loan by misappropriation the parent’s name in order to meet the shortage of living expenses, etc.
1. No person who violates the Act on the Protection of Electronic Documents due to loans by misappropriation of a C-authorized certificate and no person who commits fraud shall misappropriate or divulge any information on the creation of an electronic signature of another person;
Nevertheless, on March 9, 2012, the Defendant had access to the victim's modern web lending website by using computers at the cross-secte room in the U.S. located in the Eup, Chungcheongnambuk-do around March 9, 2012, and was in possession as above.
C entered a ID and password with the official certificate of the C, created electronic signature information, and then applied for a loan of KRW 10 million to the victim by deceiving the defendant as if he was C.
Thus, the Defendant used the electronic signature creation information of C as mentioned above, and received loans from the damaged party, and from the damaged party, the Defendant used C’s electronic signature creation information in the same way twice in total, such as the No. 1 and No. 2 of the List of Crimes, from the 26th of the same month to the damaged party, and obtained loans from the damaged party in total of KRW 20 million.
2. On March 12, 2012, the Defendant: (a) forged a private document due to the forgery of a loan agreement in the name of C; (b) stated “C”, “D”, and “4,000,000 won” in the loan column at the post office located in the Eup/Myeon; and (c) stated “C”, “D”, and “4,000,000 won” in the loan column.