[criminal history] On April 9, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the crime of infringing the utility of compulsory execution of real estate at the Incheon District Court, and the judgment became final and conclusive on June 23, 2015.

[Criminal facts] [2018 High 201 High Do 201] The defendant is the chairperson of the Incheon Bupyeong-gu B B B lending, and the victim C is the lessee who entered into a lease agreement with the above defendant for B lending D.

1. On July 11, 2016, the Defendant, at the office of the committee on the removal of private documents, arbitrarily stated “G” in the column for the location of the real estate site for the real estate lease contract, in the column for “Seong-gu, Incheon, E, and 3. B B B B D, and the deposit amount (guarantee money),” “F million won in the column for the lessor,” “F,” and “G” in the column for the lessor’s resident registration number.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the real estate lease agreement in F, a private document related to rights and obligations.

2. On July 2016, the Defendant: (a) at the office of the committee on the removal of the foregoing B B lending, issued the forged lease agreement to C as if it was duly formed; and (b) exercised it.

3. Fraud;

A. On April 2012, the Defendant made a false statement to the effect that, at the above B B B lending office, the Defendant entrusted the victim C with the right to lease from F, the owner of B lending D, thereby making a lease contract.

However, the Defendant did not have been entrusted with the lease contract by BJD owner F.

The Defendant, as such, by deceiving the victim, received 5.7 million won in cash from the victim under the pretext of deposit and repair expenses.

B. On July 2016, the Defendant called the victim at the above B B lending office, and “if the deposit amount is less, one million won should be raised.”

“.....”

However, the defendant, however, delegated the lease contract to F, the owner of B lending D.