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A defendant shall be punished by imprisonment for one year.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
Punishment of the crime
[2012JE 3506] On February 15, 2007, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch, and completed the execution of the said sentence in the Ansan Prison on July 10, 2009.
1. On August 2010, the Defendant made a false statement to the victim F, who became aware of the Defendant’s pro rata marriage at the G Hospital restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on August 2010, that “The president of G Hospital located in Goyang-si, Gyeonggi-do, has the right to operate the G Hospital, which is established in the hospital, and has the right to operate the G Hospital, store, and funeral hall, and if an investment is made, he/she will have the right to operate the team.”
However, the Defendant did not have any relationship with the president of the G Hospital, and the Defendant did not have any right to operate the vending machine in the above hospital and did not have any intent or ability to allow the victim to operate the vending machine.
The Defendant received a total of KRW 26,60,000 from the victim to the new bank account in the name of the Defendant, including remittance of KRW 9,00,000 on October 7, 2010 from the victim for the investment in the operation right of vending machines, and received total of KRW 26,60,000 on December 5, 12, 200 of the same year, and KRW 3,60,000 on January 12, 201, and KRW 9,000 on January 12, 201.
Accordingly, the defendant was given property by deceiving the victim.
2. On October 7, 2010, the Defendant forged official document: (a) transferred KRW 9,000,00 from F to F under the name of investment in the right to operate the vending machine of G Hospital; (b) around that time, Itel 903, the Defendant’s residence in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, and (c) recorded F the Defendant’s family relation certificate under the name of the head of the Gu in Seoul, which is an official document under the name of the head of the Gu in Seoul, and copied the Defendant’s family relation certificate under the name of the head of the Gu in Seoul, and added the number of “5” and “2,” written in a copy of the family relation certificate; and (d) the Defendant’s resident registration number in the family relation certificate is 45.