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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant: (a) received a request from the victim D to “to immediately repay the dividend of the right to collateral security established in the name of a parent in another real estate upon introducing a person who will lend money short of the bid price for real estate; and (b) lent KRW 210 million from E, which was around July 2012, to the victim D.
Since August 2012, the Defendant: (a) received KRW 210 million from the victim D to pay the debt by delivering it to E; and (b) received KRW 200 million from the victim D for the victim D; and (c) at the time, the Defendant was required to pay the principal and interest of the individual debt, etc., but the monthly income is limited to KRW 30 million; (b) around that time, the Defendant embezzled the monthly income by arbitrarily consuming it from the Defendant’s personal debt repayment, etc.
2. The Defendant drafted a private document forgery and the uttering of the above investigation document without authority to use it for E to conceal the fact that he arbitrarily consumeded the money received from D while demanding repayment of the money set forth in paragraph 1 from E.
A. On November 12, 2014, the Defendant: (a) entered a computer located at the G Certified Judicial Scriveners Office located in F on November 12, 2014; (b) stated that “D’s L will repay the amount of KRW 100 million up to November 25, 2014; and (c) the remaining amount of KRW 100 million up to December 23, 2014, the Defendant printed it out; (d) sealed D’s seal purchased at the wife’s seal to be affixed, forged D’s assurance of name, which is a private document on rights and obligations, and exercised it at that time by giving it to E at that time.
B. On May 12, 2015, the Defendant committed the crime on May 12, 2015, using a computer at the certified judicial scrivener office as set forth in the foregoing paragraph (a) to E Ministry I, by using the computer.