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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who intends to borrow money by providing the Seo-gu Incheon, Seo-gu, Incheon; D is a lessee who resides in the above loan, paying a deposit of KRW 60 million to the Defendant; E is a person who borrowed the above loan of KRW 27 million to the Defendant as security; and F is a person who mediates a monetary loan contract between the Defendant and E.
1. Around December 9, 2014, the Defendant: (a) heard the statement that he/she cannot borrow money by collateral from F with a loan residing by a lessee at a place where the location is unknown; (b) he/she was able to prepare a written confirmation of free residence in the name of D in order to borrow money from E by pretending that D had no deposit for lease; (c) he/she was able to prepare a written confirmation of free residence in the name of D for the purpose of using F, the broker, and D, the lessee of the Defendant’s building to borrow money from E; and (d) around December 9, 2014, he/she requested G to prepare and request a written confirmation of free residence in the name of D in order to conceal his/her writing; (d) prepared the said written confirmation of free residence in the name of D and transmitted it to the Defendant, and (e) the Defendant submitted a written confirmation of forgery and a false document to E, as if the forged name D was established.
Accordingly, for the purpose of exercising authority, the Defendant forged one copy of the certificate of free residence in the name of D, which is a private document related to the certification of facts, and exercised it.
2. The Defendant, as stated in Paragraph 1, by deceiving F and Victim E as if D were to reside without compensation in the Defendant’s own lending loan at the time, place, as stated in Paragraph 1, and by deceiving the victim, he/she received a sum of KRW 27 million from the victim’s bank account (I) twice in the name of the Defendant on the same day.
Summary of Evidence
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