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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. On October 25, 2017, the Defendant forged private documents: (a) affixed a seal on the blank in the C coffee shop located in Busan B, stating that “The said amount is fixed; (b) on October 24, 2017; and (c) then affixed the D’s resident registration number, written as D’, and affixed a seal on the name of D.
However, in advance, there was no intention from D to guarantee the defendant's above obligation to borrow money, and there was no fact that it was delegated to prepare the above letter of guarantee.
Accordingly, for the purpose of uttering, the Defendant forged a letter of guarantee for the debt borrowed in the name of D, which is a private document on rights and obligations.
2. On October 25, 2017, the Defendant: (a) issued a letter of guarantee in the name of D, which was forged, to G, who was unaware of the fact at F’s house located in Busan Island E; and (b) exercised it.
3. Fraud;
A. On October 25, 2017, the Defendant, at the above F’s house, concluded that “If 300 million won is lent, 300 million won will be used for and repaid to the said Victim G. He/she will also create a collateral security right on an apartment building in the name of the son located in Busan Shipping Daegu as a collateral. He/she will pay interest of 30 million won.” The Defendant issued D’s certificate of personal seal impression and the certificate of oriental medicine doctor’s license as above.
However, the above guarantee certificate in the name of ASEAN was forged without legitimate authority, and D's certificate of personal seal impression and the certificate of oriental medical doctor's license had been kept by her husband, and there was no permission to establish a collateral security on the apartment under D's name.
In addition, at the time of fact, the defendant is responsible for liability by the creditor I who had a debt of KRW 1 billion, such as being accused of fraud, and there is no particular income or value property, and the victim is the same.