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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Some of the facts charged were revised to the extent that it does not undermine the defendant's right of defense.
The Defendant entered the Defendant’s son B as a guarantor, delivered the son’s loan certificate to the Defendant C, and had the Defendant borrow money from the victim.
1. A crime related to borrowing on August 30, 2015;
A. On August 30, 2015, the Defendant promised to forge private documents by borrowing the amount above from C in installments on August 30, 2015 and by September 29, 2015, the amount as “A, surety(E), B, 102 Dong-gu 101, and G” using a verification-type pen at the Defendant’s office located in Daegu Northern-gu D, Daegu-gu, Seoul-gu, with the test-type pen. The said amount was written as “A, B (E), 102 Dong 101, and G”.
Accordingly, for the purpose of uttering, the Defendant forged a copy of a private document B, which is a private document related to rights and obligations.
B. The Defendant’s uttering of the above investigation document
At the time and place stated in the paragraph, as the above forged loan certificate was duly formed at the same time and place, it was delivered to C who is aware of the forgery.
C. The defrauded presented a forged loan certificate to the victim C as above, and the Defendant concluded that “on September 29, 2015, the Defendant would repay the money to the victim by lending the money that requires urgent use of the money to the office.”
In fact, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay.
Nevertheless, the Defendant, by deceiving the victim, obtained 5,000,000 won on the same day from the victim and acquired it by fraud.
2. A crime related to borrowing on September 8, 2015;
A. On September 8, 2015, the Defendant: (a) borrowed the amount of KRW 5,00,000 (5,000,000) from the Defendant’s office located in Daegu Northern-gu, Daegu-gu, using an official approval color pen; and (b) borrowed the said amount as of September 8, 2015; and (c) on the date of performance until October 20, 2015, the borrower and the guarantor are all liable.