Text
A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 2478]
1. On October 22, 2013, in the “D Distribution” located in Bupyeong-gu Incheon Metropolitan City 1st floor, the Defendant: “B may follow the Defendant’s right to operate an apartment from sunrise to sunrise” to E; “B may request KRW 20 million to go beyond the Defendant’s right to operate an apartment from sunrise to sunrise; and on November 1, 2013, the Defendant received KRW 5 million from the Defendant’s account through the Defendant’s account as the down payment on the same day; and on November 1, 2013, the Defendant received the money from the said E to “the balance that the Defendant was selected as the operator of a F apartment Altitude from sunrise to sunrise”; and received KRW 15 million from the Defendant’s account as the remainder on the same day, showing the operation contract between the head of the F apartment Management Office and the Defendant.”
However, in fact, F apartment al., F apartment al., the successful bidder was determined as a competitive bid, and the defendant was directly aware of the person in the position of selecting the operator of F apartment al., and it is unclear whether the right of operation can be paid by free contract between sunrise and sunrise. Thus, even if the victim receives money from the victim, the operation contract, which was shown to the above E, was forged by the defendant to receive the balance from the victim.
Accordingly, the Defendant, by deceiving the victim as above, received a total of KRW 20 million from the victim.
2. As stated in paragraph (1) 1, in order to prove that the Defendant agreed to set up the right to operate the Incheon F apartment up until November 1, 2013 to Lone Star Co., Ltd. for the period of KRW 20 million and that the Defendant was awarded the said right to operate the private document forgery, the Defendant used the computer network protocol in the “D Distribution Office” office as indicated in paragraph (1) from November 1, 2013 to November 11, 2014, the head of the F apartment Management Office, “F apartment G concludes an operating contract between D Distribution A and 7.1 million won until November 11, 2014,” is a private document under the name of the head of the F apartment Management Office G, a private document.