However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

[criminal history] On May 17, 2017, the Defendant was sentenced to two years of suspension of execution for a violation of the Farmland Act, etc. by the Incheon District Court, and the judgment was finalized on May 25, 2017. On September 21, 2018, the Incheon District Court sentenced two years of suspension of execution to one year of imprisonment for the crime of forging private documents, etc. and became final and conclusive on September 29, 2018.

[Criminal facts]

1. On December 28, 2013, the Defendant: “D” located in Gyeonggi Kimpo-si, Gyeonggi Kimpo-si on December 28, 2013; “Around December 28, 2013, the Defendant was delegated to the Victim B the right to sell the instant real estate (hereinafter “instant real estate”) out of F in Gyeonggi-si, Kimpo-si, Kimpo-si; if the Defendant borrowed KRW 100 million, he/she would offer the instant real estate as security.”

However, since the above sales contract was forged, the defendant did not have the intention or ability to sell the real estate of this case to the victim. The defendant paid interest on loans of KRW 23 million each month at the time, and even if he borrowed money from the damaged party due to the commencement of voluntary auction on the real estate of this case due to overdue interest, he did not have any intention or ability to complete payment.

The Defendant, as above, was delivered KRW 30 million, around December 28, 2013, and KRW 70 million, around December 30, 2013, to the victim, through G bank account (H) in the name of the Defendant, from the victim, by deceiving the victim as above.

2. On March 13, 2015, around March 13, 2015, the Defendant concluded that “Around March 13, 2015, if the Defendant borrowed KRW 90 million to the victim, he/she would offer as security a sale contract in the name of E, which was prepared regarding the part of the instant real estate.”

However, since the above sales contract was forged, the defendant did not have the intention or ability to sell the real estate of this case to the victim, and the defendant should pay interest on the loan of KRW 23 million each month at the time, and on the ground of delinquency in interest.