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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On August 7, 2007, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Ulsan District Court on February 26, 2010. On February 16, 2010, the Defendant completed the enforcement of the sentence at the North Vocational Training Correctional Institution. On February 16, 2012, the Changwon District Court sentenced four months of imprisonment for embezzlement, which became final and conclusive on March 19, 2012.
The Defendant: (a) forged an official document, such as I (J), K, L, M, N,O, P, Q, R, etc., and a small-scale local government vehicle registration system in the name of a juristic person, which is anticipated to be subject to document review; (b) registered the name of a high-class car for lease, which is a juristic person, in the name of an individual, such as L, etc.; (c) registered the name of a juristic person under the name of a juristic person; and (d) openly recruited to sell the same again by using forged documents; and (d) I decided to take charge of the role of forging necessary documents; (d) the role of forging, K, and R in the name of an individual; and (e) the role of the Defendant selling transferred vehicles.
Therefore, on August 11, 2010, the Defendant entered into a sales contract with the victim for the BMW car in the name of L, which is registered for transfer of ownership at the 2nd trading store located in the Daejeon Seosung-gu.
However, in fact, the above SMW car lease was owned by Aju Capital Co., Ltd., and since I et al. forged the company’s certificate of personal seal impression and registered transfer of ownership in L name, the defendant did not have any intent or ability to dispose of the above vehicle or transfer its ownership.
Nevertheless, the Defendant conspired with I, etc., and received 44,50,000 won from the victim for the purchase price of motor vehicles at that time, as stated in the attached crime list from the date and time to August 31, 2010, in the same manner as that of the motor vehicle purchase price from the victims.