A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and the enforcement of the sentence was terminated on January 24, 2015 at the Incheon Detention House.

1. On September 7, 2017, the Defendant forged private documents: (a) stated in Gyeyang-gu Incheon Metropolitan City I Building J; (b) stated in the column for indication of the real estate in the real estate of the real estate lease contract site; (c) stated in the column for deposit money; (d) “K” in the lessor column; and (e) affixed a seal arbitrarily affixed to the said K’s name.

Accordingly, for the purpose of uttering, the Defendant forged one copy of the real estate lease contract in the name of K, a private document on rights and obligations.

2. On September 8, 2017, the Defendant issued a forged real estate lease agreement to the victim M in the instant coffee shop in Bupyeong-si L, Seocheon-si, as described in paragraph (1), and falsely speaks to the effect that “The Defendant has resided in the current deposit amount of KRW 50 million as a collateral and has lent money to the victim as a collateral.” The Defendant received five million won as a loan from the victim on the same day.

Accordingly, the defendant exercises a forged real estate lease contract and received property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of M;

1. Lease contract;

1. Previous records of judgment: Application of criminal records, reply reports and individual confinement records to Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentencing reasons for the sentencing of Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act shall be determined as ordered in consideration of the contents, age, character and conduct, environment, motive of the crime, circumstances before and after the crime, previous records, etc. of each of the crimes in this case;