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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On August 27, 2015, the Defendant was sentenced to four months of imprisonment for fraud, etc. at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungdong detention center on December 25, 2015.
[2016 High Order 343]
1. On January 17, 2016, at around 15:20 on January 17, 2016, the Defendant: (a) lent his/her mobile phone to the victim C, who was a student of his/her school in Jung-gu Seoul Metropolitan Government, known to him/her; (b) borrowed his/her mobile phone; and (c) deducted one driver’s license owned by the victim in the said mobile phone case from one another;
As a result, the theft was committed.
2. Illegal uttering of official documents, forgery of private documents, use of the stolen driver's license as above, and the Defendant committed fraud with intent to withdraw deposits using the above physical card. On January 18, 2016, at the victim bank G branch located in Jung-gu Seoul, Jung-gu, Seoul, the victim bank G branch presented the stolen driver's license to H as if he/she was his/her driver's license. On the applicant's personal name column of "C" and "application for individual member's membership", the Defendant signed the stolen driver's license to the above bank's personal name column of "C" and delivered it to the above bank's employee, and the Defendant was issued a letter of physical card under the name of C from the above bank employee.
As a result, the Defendant illegally uses the driver's license issued by the Seoul Local Police Agency, which is an official document, and exercises the following documents in the name of C, which is a private document on rights and duties for the purpose of exercising, and was issued a copy of the physical card in the market from the injured party.
3. On January 18, 2015, the Defendant attempted to withdraw cash from the cash withdrawal machine installed at a certain point of Korea’s G branch, using the check card, which was issued at the above point of Korea’s bank G branch, but was attempted due to an error in passwords.
4. The Defendant is holding a private document forgery and a falsified investigation document.