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A defendant shall be punished by imprisonment for not less than eight 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. On May 6, 2016, at around 12:00, the Defendant drafted a real estate transaction agreement with the trade name “D” located in Changnam-gun, Changnam-gun, for purchasing KRW 670,00,00 from E, three parcels of land, such as “F, etc., from the purchase price of KRW 670,00,00,00.” The Defendant affixed E seal to E in the column of the seller of the real estate transaction agreement in which the purchase price, etc. is not indicated, “it is necessary to obtain a large number of loans from financial institutions.” In that process, the Defendant affixed E seal in addition to Chapter 1 of the real estate transaction agreement in which the purchase price, etc. is not indicated, and affixed E seal in the column of the real estate transaction agreement in which E’s seal is affixed without consent, and entered “8,300,000,000,000,000 won” in the column of the real estate transaction agreement in which E’s seal is indicated.
Accordingly, for the purpose of exercising, the Defendant forged a copy of the real estate transaction contract in the name of E, a private document related to rights and obligations.
2. The Defendant, at around 14:00 on May 6, 2016, exercised the instant investigation document as if it was a document duly formed with M, who was aware of the fact that the instant investigation document was signed, as described in paragraph 1, at the “L” office located in Chang-gun, Chang-gun, Chungcheongnam-gun, Seoul.
3. The Defendant, who attempted to commit fraud, presented to the victim M the above forged real estate transaction contract under the name of E at the time and place specified in paragraph (2), was aware that the real estate sales contract concluded with E was executed as if the purchase price in the real estate sales contract was 88,300,000, and attempted to defraud the victim equivalent to the difference between the actual purchase price of real estate and KRW 670,000,000, while deceiving the victim. However, the Defendant was aware that the real estate sales contract, whose purchase price was stated as KRW 88,30,000, was forged.