A defendant shall be punished by imprisonment for three years.

Punishment of the crime

[2015Kadan363] On November 9, 2006, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. in the Seogsan Branch of the Daejeon District Court on November 9, 2006, and on August 23, 2007, the same court was sentenced to two months of imprisonment with prison labor for fraud, and was released on November 30, 2007 and the period of parole was expired on January 22, 2008.

【Criminal Facts】

1. The Defendant was transferred to the post office account (Account Number: E) in the name of the Defendant’s child managed by the Defendant, upon request by the victim C for purchase of dump trucks instead of the victim, at the Dogdong post office located in the Dogjin-gun, Chungcheongnam-gun, Chungcheongnam-do, 2008, 590,000 won borrowed from the victim C as a loan for the purchase of dump trucks.

The defendant was in custody of the above money for the victim from that time, and the same year from that time.

6. By the end of 16.16, the Defendant purchased in the name of F and consumed at his own discretion another dump truck for personal purposes, including using another dump truck as an installment in operation.

Accordingly, the defendant embezzled the victim's property.

2. Fraudulent with regard to G, fabrication of private documents in the name of H, and uttering of falsified documents;

A. The Defendant: (a) had his personal seal impression, deposit passbook, and H’s name stored a seal affixed with his name; and (b) had the intent to purchase a motor vehicle by obtaining a loan for purchasing the vehicle under his/her name.

The Defendant, around August 4, 2008, stated “H, I, J apartment-306, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do” in the column for loan terms and conditions as “H, I, J apartment-306, and “Ocheon million won” on the loan applicant’s column, although the Defendant did not obtain the consent from H in the mutually influences located in Chungcheongnam-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and then, the Defendant’s seal was maintained.