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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On November 30, 2006, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court on November 30, 2006, and on February 22, 2008, the Seoul Detention Center completed the enforcement of the sentence.
1. Around February 17, 2011, the fraud Defendant stated that “Around February 17, 2011, the victim F (e.g., 52 years old) was changed to KRW 10 million under the pretext of the test fee to prepare a balance certificate of KRW 5 billion needed for receiving the loan,” to the victim F (e.g., 52 years old).
However, the defendant did not have any intention or ability to prepare a balance certificate in which the funds of KRW 5 billion are actually deposited, because the defendant thought that he did not receive the above funds from the injured party but has issued a deposit passbook with only a false amount altered.
The Defendant received from the injured party the remittance of KRW 10 million from the G name bank account used by the Defendant on the same day to the G name bank account used by the Defendant on the same day.
2. On February 17, 2011, the Defendant would offer a certificate of balance of KRW 5 billion to the said F at a place in Seoul Special Metropolitan City where the alteration or alteration of a private document was made (1).
On the other hand, after the receipt of the passbook F in F’s name (Account Number H), the term “2010217”, “Won 5,000,000,000”, “Won 5,000,000”, and “Won 5,000,008,191” in the remaining amount column, respectively, was written on the date of the passbook F’s receipt of the passbook F’s passbook (Account Number H) and written on the CD transfer column.
In this way, the Defendant modified the passbook F in the name of the deposit owner in the name of the Nonghyup, a private document related to rights and duties, for the purpose of exercising the name in collusion with the name infinite.
(2) At a restaurant located in Seocho-gu Seoul Metropolitan Government Seocho-gu, the Defendant: (a) delivered the foregoing modified passbook to F who was unaware of such alteration; and (b) exercised it as if it was duly formed.
Summary of Evidence
1. Entry of the defendant in part of the trial records in the first and eighth trial records;
1. The defendant;