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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 1637]
1. On January 14, 2010, the Defendant, who stolen the name B, was a person who served as a designer of the same life insurance for the victim Samsung Bio-resources, the Eastyang Bio-resources, and the AI life. On January 14, 2010, the Defendant, who managed B’s passbook by borrowing money from B, was aware of the password, and was in mind to obtain the loan by applying for the loan under B’s name by using the fact that he became aware of B’s insurance details and personal information while working as an insurance designer.
On February 4, 2010, the Defendant: (a) called at the Defendant’s house located in Chungcheongnam-do, Chungcheongnam-do around February 4, 2010 to the Defendant’s call center of Samsung Bio-resources; and (b) applied for the insurance payment of insurance products he/she bought as security by inputting B’s resident registration number and security card number as if he/she was B; and (c) was transferred KRW 2 million to the Agricultural Cooperative Account in the name of B as a loan terms and conditions from the damaged party.
In addition, from around that time to October 8, 2010, the Defendant applied for a loan through the same method 11 times in total, such as the statement in the attached crime list, from the above Defendant’s house, and acquired the total amount of KRW 10,050,000 from the victims by remittance.
2. The Defendant, like paragraph 1, had known of the personal information about B, forged a private document on the victim’s well-known loan, held the above investigation document, and attempted to use money from the lending company in the name of B by taking advantage of the fact that he knew of the personal information about B.
A. On July 6, 2010, the Defendant forged a private document stating “B” in the debtor column, “B” in the column of the maximum amount of the loan, “F million won on July 6, 2010” and “B” in the due date of maturity on June 17, 2012, at the Defendant’s house located in Chungcheongnam-gun, signed the document following the said name.
Accordingly, the defendant has forged one copy of the loan transaction agreement in the name of private document B, which is a private document on rights and obligations for the purpose of exercising.