A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2019 Highest 395"

1. On December 15, 2014, the Defendant on the unlawful uttering of official documents presented the official document to an employee under the name of the said bank, as if he/she was his/her driver’s license, at the Cbank D Center located in Sinsan-si, Changwon-si, Changwon-si, Seoul. In order to obtain a loan under the name of E, the Defendant denied the official document by presenting it to the employee under the name of the said bank, as he/she was his/her driver’s license.

2. On July 14, 2015, around July 14, 2015, the unlawful uttering of official document presented the official document to an employee under the name of the said H, who was a driver’s license, within the “G” of the Defendant’s operation in the Simsan-si, Masan-si, Changwon-si. In order to obtain a loan under the name of E, which was previously received from H to obtain a loan under the name of E, and subsequently presented the driver’s license to an employee under the name of the said H,

"2019 Highest 1174"

1. Fraud;

A. The criminal defendant against the victim E is a person who operates a skin management room called “G” in Changwon-si, Changwon-si.

On August 8, 2016, the Defendant made a false statement to the effect that “A victim E, who was aware of the need to pay the money, would have to be repaid if he/she lent it. The deposit of the skin management room that he/she leased in Korea is KRW 50 million, and around May 2017, the Defendant would be able to fully pay 100 million since he/she was designated as a person who has rendered distinguished services to the State, and the Defendant may fully pay the amount of KRW 100,000,000 to the State.”

However, at that time, the Defendant had no particular property in bad credit, and the deposit of the above skin management room was merely KRW 10 million, not in excess of KRW 50 million, and it was unclear whether it is possible to receive the payment related to the transfer from the State until May 2017, such as receiving reply from the Ministry of National Defense that it is impossible to deliberate on the application for retirement benefits under the name of the Ministry of National Defense around April 2016. Thus, there was no intention or ability to pay the payment even after borrowing the money.