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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On March 24, 2011, the Defendant forged private documents: (a) stated “D” in the name column of the application for a loan of a shot Capital in the form of “E”, “E”, “12.5 million won in the loan column; and (b) stated “D” in the loan column; and (c) written in the loan column, “3 years” in the applicant column; and (d) written in the applicant column as “D” and written in his name.
Accordingly, for the purpose of uttering, the Defendant forged a loan application in the name of D, which is a private document related to rights and obligations.
2. The Defendant, at the time and place specified in the foregoing paragraph (1) as indicated in the foregoing paragraph, exercised the application for a loan of a slot Capital, which was forged as indicated in paragraph (1), on G, who is an employee of a lot Capital without knowledge of such forgery.
3. The Defendant, at the time and place as indicated in the above Paragraph (1), presented the application form for loan of a forged lot Capital as indicated in the above Paragraph (1) and the copy of D’s driver’s license, business registration certificate, etc., which was possessed in advance, to the victim lot Capital G, and applied for loans as if he/she was D.
However, in fact, the defendant did not have obtained the approval of the above loan application from D.
Nevertheless, the Defendant, through G, transferred KRW 12.5 million to a single bank account under the name of D as a loan around March 24, 2011, and acquired KRW 11,797,798 around June 18, 2012, KRW 7,764,778 around February 7, 2013, and KRW 8,835,659 on August 9, 201, and acquired KRW 40,898,235 in total four times from the victim slick Capital, and acquired KRW 11,79,798,235 in total as a loan.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. Statement made to D by the police;
1. A copy of a loan/loan application in the name of a defendant and his defense counsel shall file the instant loan application in the name of a defendant D.