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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 14, 2016, the Defendant forged a private document: (a) at the “D” fireworks house operated by the Defendant on the part of 101, Jinsung-gun C Building on a deposit basis; (b) the Defendant leased the said C building 101 to KRW 10,000,000,000; (c) on the paper of the real estate lease agreement, at the “location” column, the “location” column, “Ocheon-gun, Jinsung-gun; and (d) the lessor’s personal information in “E” column, as well as the “E” attached to the “E” column, the Defendant arbitrarily sealed the E seal.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in the name of E, a private document on rights and obligations.
2. On March 14, 2016, the Defendant: (a) borrowed money from the victim F to the Defendant at an influent place in the Gosung-gun, Gosung-gun; and (b) delivered the forged real estate lease agreement as security to the victim who is unaware of such forgery, as if it were a document that was duly formed.
3. The fraud Defendant presented a forged real estate lease agreement to the victim at the same time and time as in paragraph 2, and made a false statement that “as there is a deposit of 50 million won in the fireworks house, the Defendant borrowed money in trust.”
However, in fact, the deposit of the above fireworks was KRW 10 million, and the monthly rent was already 6 million, and the above real estate lease agreement was forged by the defendant, and the defendant was thought that the contact was cut down and locked after he borrowed money from the injured party, and there was no intention or ability to repay the borrowed money even if he borrowed money from the injured party.
Nevertheless, the Defendant received the total amount of KRW 6 million from the injured party on the same day as the borrowed money, KRW 6 million around March 27, 2016, KRW 2 million around March 28, 2016, KRW 5 million around March 31, 2016, and KRW 10 million around April 20, 2016.