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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On August 25, 2017, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, intrusion, theft, etc. at the Busan District Court on September 8, 2018, and completed the execution of the sentence in the Busan Correctional Institution.
On May 14, 2020, the Defendant was sentenced to imprisonment with prison labor and one year and six months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Ulsan District Court on May 14, 202 and the judgment became final and conclusive on May 25, 20
【Criminal Facts】
1. The Defendant used his/her mobile phone in his/her name, used his/her photographic phone in his/her name, stored the photo of his/her resident registration certificate in his/her name, and intended to purchase a heavy car with loan borrowed in his/her name through an open Internet advertisement at around 14:00 on September 27, 2019. On September 27, 2019, the Defendant: (a) sent his/her resident registration certificate to C as if he/she were B; and (b) took a heavy loan for the purchase of a heavy car; and (c) drafted the certificate of automobile transfer and the letter of promise to loan a heavy car loan contract in his/her name using his/her mobile phone and resident registration number in his/her name on the same day.
However, in fact, the Defendant was only authorized to use the mobile phone, etc. from B and did not have the authority to obtain the installment loan, and since there was no specific income or property at the time, there was no intention or ability to pay the loan even if the Defendant received the loan from the victim.
As such, the Defendant deceiving E employee F of the unit event, which was introduced through the above C, and had F approve the loan of the victim D Co., Ltd., and received KRW 21,200,000 as a loan from the victim D Co., Ltd.
2. On September 28, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around 01:00, around 388km from the Do of Gangnam-gu, Seoul to the front of the Defendant’s residence located in G in the city of Busan, Seo-gu, Busan, Seo-gu.