Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On August 13, 2009, the Defendant was sentenced to one year and two months of imprisonment for fraud at the Seoul Central District Court, and the execution of the sentence was terminated on June 29, 2010. On January 8, 2014, the Seoul Northern District Court sentenced the Defendant to four years of imprisonment for embezzlement, etc., and the judgment became final and conclusive on June 12, 2014.
【Criminal Facts】
[2014 Highest 520]
1. Around September 6, 2011, the Defendant forged a letter of agreement for installment financing (application) in the column of the applicant for the written agreement for installment financing (application), “R” in the column of the joint and several sureties, and “R” in the column of installment terms and conditions, with the intent of exercising authority at the office of the Defendant located in the Seoul Special Metropolitan City Gwangjin-gu, Seoul, with the name of “automobile, 300C, 59,800,000”, and the name of the applicant for the written agreement for installment financing (application), “R” in the column of installment terms and conditions, “60% per annum, 1,229,00 won per month, monthly installments,” and “automobile, 30C, cras, 59,800,00” in the vehicle column, and forged one letter of agreement for installment payment (application) in the name of a private document, which is a private document on rights and obligations.
2. Around September 6, 2011, the Defendant, at the office of KT Capital Capital with the 12th floor of Samsung-dong, Gangnam-gu, Seoul Metropolitan Government, submitted a forged agreement on installment financing (application) to the staff in charge of KT Capital who is not aware of the forgery, as if it were a document duly formed.
3. In the date and place mentioned in Paragraph 2, the Defendant submitted an agreement on installment financing (application) to the employee in charge of the victim's KT Capital's above name in order to pay the funds necessary for purchasing the above clurg vehicle to the staff in charge of the foregoing clurg's monthly installments.
However, the above agreement was forged, and there was no intention or ability to pay installments normally.
The Defendant, by deceiving the victim as such, received 53,800,000 won under the name of the loan from the victim around that time, and acquired it by fraud.
[Attachment 2014 Highest 2398]