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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The defendant was in possession of the passbook, seal, and identification card from a female under the pretext that he deposits and manages the funds of the victim C in Japan, which he had a close relation with the Korean bank.
1. On May 12, 2009, the Defendant: (a) entered the applicant column “C”, “D” in the resident registration number column, and “D” in the address column with the cell phone “B-dong 1901” in the application form for insurance contract at the modern maritime fire insurance point located in Ansan-si, Ansan-si; and (b) signed the applicant C name.
Accordingly, for the purpose of exercising authority, the Defendant forged two copies of the application for the loan of insurance contract in the name of C, which is a private document on rights and duties.
2. The Defendant, at the time and place specified in paragraph (1), issued two copies of the application for a forged insurance contract loan to Hyundai Marine Fire Insurance Employees G as described in paragraph (1) as if they were duly prepared, and exercised each of them.
3. On February 24, 2010, the fraud Defendant stated that “Around February 24, 2010, there is insufficient security deposit for the Defendant to take a director. If NN borrowed KRW 50 million with a loan of modern marine insurance terms and conditions, it would be directly repaid within one week.”
However, the defendant did not have the intent or ability to repay the money even if he borrowed money from the victim due to the absence of any particular income, and used the money as the operating fund of the factory operated by his own omission, not as a deposit money for lease on a deposit basis.
Around March 19, 2010, the Defendant, by deceiving the victim as above, received KRW 499,40,000 from the Hyundai Ocean Business Department, which is located in the 1131-5, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to a single bank passbook under the name of the Defendant.
4. The Defendant, on September 9, 2010, embezzled from the victim C who left the Republic of Korea to Japan, was the victim Kimpo-si, Kimpo-si, 502 Dong 703 (hereinafter “instant apartment”).