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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On April 17, 2015, the Defendant: (a) borrowed money from the victim B (hereinafter “C”); (b) around 28, in the name of Pyeongtaek-si from the point of Osung (hereinafter “C”); and (c) as if the Defendant was delegated with the authority to prepare a loan certificate in lieu of C, the Defendant borrowed KRW 50 million at the interest rate of 4.5% per annum; and (d) stated “C” and “D” at the lower end of the loan certificate stating that “A” and “D” were to be paid by April 17, 2016.
Accordingly, for the purpose of exercising rights and obligations, the Defendant forged a copy of “a letter of borrowed money” in the name of C, which is a private document related to rights and obligations, and issued a forged “certificate of borrowed money” to the victim who is unaware of the fact as if it was duly formed.
2. The Defendant’s fraud is urgently needed to the victim B at the time and place described in the foregoing paragraph (1). “The amount of KRW 50 million is needed to operate a business related to the furniture in the Chungcheongnam-nam Red.”
If a loan of KRW 50 million is made, the principal will be repaid with interest from April 17, 2016.
As stated in the foregoing paragraph 1, the term “a certificate of borrowing” in the name of forged C was issued as if it was genuine.
However, the defendant did not have been delegated with the authority to prepare a loan certificate by C, and even if he borrowed money from the injured party due to the bad credit standing due to excess of the debt, he did not have the intent or ability to pay
The defendant deceivings the victim as above and acquired 50 million won through the Agricultural Cooperative Account (Account Number E) in the name of the defendant on the same day from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. A copy of a loan certificate, a certificate verifying transaction details, and a copy of a reply;
1. Report of investigation (C in currency) (Application of Acts and subordinate statutes;
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;