A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 11, 2014, the Defendant is required to pay the amount in arrears to the victim E at the law firm D office located in Busan Metropolitan Government C and 205.

The interest rate of 3% per month shall be paid on the loan of KRW 25 million, and the fair certificate of 35 million will be drawn up, including the loan of KRW 10 million.

F, G, who is his father, was a public educational official, the guarantee was given to him.

‘Falsely speaking to the effect that the victim was entitled to 35 million won of the amount of credit, the debtor, the debtor, the joint and several guarantor F, and G.

However, in fact, the Defendant, without obtaining permission for joint and several sureties from F and G, forged the power of attorney in F and G name, and prepared the above process deed. Since, as a person of bad credit standing, not only the victim's debt but also the victim's debt was accumulated and repaid in the form of "to prevent repayment", the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim.

The Defendant, from August 25, 2016, received 25 million won from the injured party as the borrowed money on the same day, from the time to August 25, 2016, and acquired 26.79 million won in total from the injured party, such as the list of crimes in attached Form 37 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each complaint filed by H and F;

1. A process certificate of each contract for lending and borrowing of money (10 to 67 pages of investigation records);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) is not subject to punishment ( October to February 6).