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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
[2015 Highest 2970]
1. The part concerning forgery and confirmation of 200 million won
A. On January 5, 2013, the Defendant made a false statement stating that “The Defendant is promoting the business of acquiring and selling 40 unsold apartment units in Dongdaemun-gu Seoul Metropolitan Government F apartment units 40,000,000 won in unsold apartment units 40,000,000 won in unsold apartment units 40,000 won in unsold apartment units 40,000,000 won in a private person entrusted with the business of acquiring 40,000,000 won in apartment units 40,000 won in lots.”
However, the defendant had no intention or ability to purchase an unregistered apartment, and he thought to use the money deposited from the damaged party.
The Defendant, by deceiving the victim as such, received 200 million won from the victim to the bank account (G) in the name of the Saemaul Bank of Korea on the same day from the victim, and forged the confirmation document under the name of the victim as follows, and acquired it by deceiving the victim.
B. On January 5, 2013, the Defendant, using the non-a subway station located in Seoul, in the paper A4, treats the amount deposited in the name of confirmation letter, depositee name D, resident registration number H, and D with the K hotel sales contract deposit in the Dong-gu in Gwangju Metropolitan City related to I, and returned the remainder to the I account.
(Account Number: A bank LI) stated ", etc. and affixed a seal on the side of D's name."
Accordingly, for the purpose of uttering, the defendant forged a letter of confirmation under the victim's name, which is a private document on rights and obligations.
(c)
The defendant sent the forged confirmation document to the Saemaul Bank M by facsimile and exercised it at the same time and place as above.
2. On March 2013, the Defendant acquired money by deceptioning KRW 13 million with the victim’s office in the above victim’s management office, and the Defendant sold the apartment in lots if the victim borrowed money to the victim for operating expenses of the office.