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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. Fraud against the victim C;
A. On December 2013, the Defendant would offer a loan to the victim in consultation with an attorney-at-law as the head of an office of law in the Republic of Korea, where the victim is a head of the F Legal Office in the Republic of Korea.
In order to make a loan between 3 to 6 months, it changed the necessary documents for the loan."
However, in fact, the defendant did not work as the head of the F Legal Office at the time, received a loan from the injured party and performed the loan in the future by using the loan documents, and the defendant did not deliver the loan to the injured party and did not intend to receive the loan from the injured party and deliver it to the injured party.
Nevertheless, the Defendant, by deceiving the victim as such, obtained a copy, abstract, certificate of seal impression, seal, identification card, credit card, etc., which is a document necessary for the loan from the victim, and obtained a loan of KRW 3 million in the name of the victim from the loan capital from the victim around January 7, 2014, and acquired it without delivering it to the victim. From January 7, 2014 to March 3, 2014, the Defendant obtained a loan of KRW 46 million in the name of the victim nine times in total from January 7, 2014 to March 3, 2014, without delivering it to the victim.
B. On January 1, 2014, the Defendant made a false statement to the victim that “the Defendant will open one cell phone which is necessary to obtain loans” to the victim, and opened one cell phone (the model name SV-E30K, serial number HHH) in the victim’s name using a certified copy, abstract, certificate of personal seal impression, seal, identification card, credit card, etc., which was received from the victim for the purpose of applying for loans, as described in paragraph 1-A. As such, the Defendant opened one cell phone (the model name SV-E30K, serial number H) in the victim’s name without the victim’s intent or ability to pay the above mobile phone usage fee.