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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
1. From July 2012 to June 2014, the defrauded had no special property or monthly income from around 2014, while at the same time, he/she was liable to pay more than KRW 100 million, and thus, even if having borrowed money from the victim D, he/she did not have any intent or ability to pay the money, and there was no plan to invest in or lend the money to other persons.
Nevertheless, around July 31, 2012, the Defendant was transferred KRW 5 million to the SC bank account in the name of the Defendant on the same day from the injured party, on the following grounds: (a) the Defendant knew of a person who is operating funds in a loan company, “Ishn LAW capital,” and (b) made an investment of KRW 10 million,000,000,000,000,000,000,000 won per month; and (c) the Defendant was transferred from the injured party to the SC bank account in the name of the Defendant on the same day.
The Defendant, including that, from that time until June 25, 2014, by deceiving the Defendant as stated in the list I of the crimes committed in the attached Table I, and its deceiving obtained a total amount of KRW 42,487,01 from the victimized person five times in total.
2. On December 21, 2012, the Defendant forged a copy of the loan transaction agreement in the name of D, which is a private document related to rights and obligations, by entering the name and resident registration number of D in the column for the amount of loan transaction contract form for a loan transaction contract form for a wellcom Co., Ltd. with the aim of exercising a loan from D at the office of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Office. In order to obtain a loan in the name of D, the Defendant forged a copy of the loan transaction agreement in the name of D, which is a private document related to the rights and obligations.
The Defendant, including that, from that time until July 25, 2014, forged ten copies of the Loan Transaction Agreement in the name of D over a total of ten times, as shown in Appendix II, from that time until July 25, 2014.
3. The event of the above investigation document and the accused are forged at the same time and at the same place as paragraph 2.