A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

[criminal records] On August 26, 2015, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Busan District Court on February 25, 2017, and completed the execution of the sentence at the smuggling detention house.

[Judgment of the court below]

1. On October 15, 2017, the defrauded made a false statement to the effect that “The Defendant, at the K office of the “I building,” the victim H located in Seocheon-si G with a used vehicle with a view to purchasing a heavy vehicle in the name of Samcheon-si L with a security loan for the vehicle, and obtaining permission from L, and thus obtaining permission from L, changing the payment for the vehicle and extra funds by taking a security for the vehicle.”

However, in fact, the Defendant acquired pictures of L's resident registration certificates in an indefinite manner without knowing L's knowledge with L, did not have obtained permission for the purchase of heavy vehicles from L, and did not have any intent or ability to repay the loan even if he/she received the loan.

Nevertheless, the defendant deceivings the victim as above and acquired the passenger car in the M SP amounting to KRW 13.2 million at the market price on the same day from the victim, and acquired it through a payment of KRW 3.9 million in the name of the defendant, and acquired it through a N bank account in the name of the defendant.

2. On October 15, 2017, the Defendant: (a) entered “L” in the name column of the assignee (title) in the “L”, “L” in the State P and 3 stories in Busan Jin-gu P and at the lower end; and (b) signed “L” in the transferee column of the lower end at the location indicated in the foregoing paragraph 1-A, on the paper of the certificate of transfer of the motor vehicle (for the motor vehicle dealer transaction) dry from the said H at the location indicated in the foregoing paragraph.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the car transfer certificate in the name of L, which is a private document on rights and obligations.

3. The Defendant’s exercise of the above investigation document is the date and time set forth in paragraph 2.