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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant has forged a real estate lease contract to borrow money from the victim C as security by forging it.
1. 사문서위조 피고인은 2011. 5.경 서울 동대문구 D 소재 자신이 운영하는 ‘E’이라는 상호의 주점에서 그곳에 있던 컴퓨터를 이용하여 권한 없이 부동산임대차계약서의 부동산 소재지란에 “서울시 성동구 F”, 보증금란에 “金八阡五百萬원정(85,000,000원)”, 임대인의 주소란에 “서울시 성북구 G”, 주민등록번호란에 “H”, 전화란에 “I”, 성명란에 “J” 등의 내용을 기재한 후 프린터기로 1매를 출력한 다음 근처 도장집에서 미리 만들어서 소지하고 있던 J 명의의 도장을 그 이름 옆에 찍고, 중개사란에 “쌍방합의”라고 기재하였다.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract, which is a private document on the rights and obligations under J's name.
2. On June 1, 2011, the Defendant presented a forged real estate lease contract at a law firm Lat-Law Office in Seoul Special Metropolitan City, Nowon-gu, to the victim C who is aware of the fact that he/she would receive a deposit from J later if he/she lends 25 million won.
However, in fact, the above real estate lease contract was forged, and the defendant did not have the right to receive the deposit from J, and there was no particular property owned by the defendant, so even if the defendant borrowed 25 million won from the victim, there was no intention or ability to pay the deposit in time.
Ultimately, the Defendant, as seen above, was urged the victim, and was given cash 2.5 million won from the victim, namely, at the victim’s seat, and KRW 13.5 million in cash from the same place on November 4, 201, respectively.
Summary of Evidence
1. Defendant's legal statement;
1. The police of the defendant.