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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, from December 15, 2013 to December 14, 2015, leased a lease deposit of KRW 140 million to E, the Defendant arbitrarily prepared a lease deposit of KRW 30 million in order to obtain a loan of the instant real estate as security, and submitted it to the bank to obtain a loan of the instant real estate. The Defendant intended to obtain a loan of KRW 30 million by acquiring the instant real estate as security.
1. On February 3, 2014, the Defendant forged private documents: (a) on the paper of a real estate lease agreement in the area “G real estate” located in Suwon-gu, Busan; (b) on the part of the lessee’s name; (c) on the part of the lessee’s column, “E” and “H”, the Defendant posted a seal attached to E’s name.
Accordingly, the Defendant forged a copy of a real estate lease agreement in the name of E, a private document on rights and obligations.
2. On February 5, 2014, the Defendant: (a) filed a false real estate lease agreement at the point where the 257 Franchis No. 257 was located as the superintendent of the Busan High School; (b) submitted it to the employees of the said agricultural cooperative, who were unable to identify the fact that one copy of the forged real estate lease agreement was unknown.
3. In fact at the same time and place as above 2, the Defendant, despite the fact that the terms and conditions of the lease contract of the instant real estate were KRW 140 million, by deceiving the victim as if the terms and conditions of the lease contract of the instant real estate were to have caused KRW 600,000,000, and was paid KRW 75 million from the victim on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to I by the police;
1. A complaint;
1. Investigation report (to hear statements by phone call from a witness E);
1. A contract for creation of a right to collateral security, or a contract for lease of real estate;