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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
【Criminal Records】 The Defendant was sentenced to imprisonment with prison labor for four years in the Daegu District Court Port Branch on June 15, 2016 and for the same year
9. On March 9, 2017, the said judgment became final and conclusive and is in the enforcement of the said sentence, and on March 9, 2017, the Daegu District Court has been sentenced to one month of imprisonment for fraud and is still pending in the appellate trial.
【Criminal fact-finding on March 20, 2015, the Defendant issued a false statement to the victim C, stating that “When the Defendant submitted the documents, such as the passbook, physical card, and certificate of seal impression, to allow 100 million won to view the case with a resident number, he/she would lend the amount of KRW 100 million within 3 months to the victim, and if he/she opened a mobile phone, he/she would pay the fee in advance.” At that time, the Defendant received mobile phone, certificate of seal impression, etc. from the victim around that time.
However, in fact, the Defendant obtained a loan from a lending company under the name of the victim for the purchase of a secondhand car from the victim by using the documents, etc., and intended to purchase a secondhand car in the name of the victim to take overall control of the funds by disposing of it. At the time, the Defendant was able to use the loan in the name of the victim even if he was given a loan by the issuance of the passbook, check card, certificate of seal imprint, etc. from the damaged party, and there was no intention or ability to reduce the loan to the victim.
As such, on April 2, 2015, the Defendant: (a) by deceiving the victim; (b) received a letter of passbook and physical card; (c) account password; (d) one copy of the Internet Banking OTP card in the victim’s name; (c) ten copies of the resident registration; (d) ten copies of the resident registration; (d) ten copies of the resident registration; (e) ten copies of the driver’s license; and (e) a copy of the driver’s license.
A. The Defendant shall use the name of the victim from April 2015, and use the mobile phone in the name of the victim.