A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

"2015 Highest 1743"

1. Around April 16, 2012, the Defendant concluded that “Around August 16, 2012, the Victim K operated by the Gangseo-gu Seoul Metropolitan GovernmentJ would change the victim’s KRW 10 million to be used as business reserve funds to store the safe points in the L which is open to the public around August 2012.”

However, even if the defendant receives money from the injured party, he/she was thought to use it as a personal debt, and he/she did not have any intention or ability to allow the injured party to move out with awareness.

On April 17, 2012, the Defendant received from the injured party the remittance of KRW 10 million to the national bank account in the name of F, the Defendant’s seat around April 17, 201.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 2, 2012, the Defendant: (a) registered a business operator under the name of H from around April 2, 2012 in the name of H; (b) operated a retail company with the trade name of M Co., Ltd. (hereinafter “M”), and (c) promised to change the name of H upon receiving a request to change the name of the business operator from H on May 2, 2012; and (d) therefore, the Defendant was no authority to prepare documents under H’s name.

A. Nevertheless, the Defendant, on December 26, 2012, shall compensate, within seven days, for down payment of KRW 37 million and penalty of KRW 50 million when he/she does not make any sale of private documents, by using a computer, for the damage of KRW 37 million and KRW 50 million when he/she does not make any sale of private documents.

M’s representative H’s “performance letter” was written, and H’s seal was affixed next to H’s name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of performance under H, a private document related to rights and obligations.

B. The Defendant at the time and place mentioned in the above paragraph (a) is aware of the forgery, and as if the completion of each forged performance document was duly formed.