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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 21, 2012, the Defendant was sentenced to a suspended sentence of one year at the Seoul Central District Court to six months of imprisonment for fraud, etc. and the said judgment became final and conclusive on November 29, 2012.
1. On September 10, 2010, the Defendant: (a) stated in the real estate lease contract paper “Seoul Metropolitan City B”, “Seoul Metropolitan Government 20 million won (10,000,000)”, “Seoul Metropolitan Government 20 million won (10,000)” in the deposit column; (b) stated “Seoul Seongbuk-gu BD and E” in the column for the special agreement at a location that may be known to the location; and (c) marked “Seoul Seongbuk-gu BD and E” in the lessor column; and (c) affixed C’s seal which the Defendant had been arbitrarily dismissed by his name.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract in the name of C, which is a private document on rights and obligations.
2. On February 9, 201, the Defendant used the forged real estate lease contract to G, who knew of the forgery in Seongbuk-gu Seoul, as seen above, as if it were a document duly formed.
3. On February 9, 2011, the fraud Defendant presented one copy of the forged real estate lease agreement from Seongbuk-gu Seoul, Seoul to the victim G, stating that “If he/she lends money to B, he/she would offer money as security for a deposit of KRW 10 million.”
However, even if the real estate lease contract was forged by the above method and borrowed money from the victim, there was no intent or ability to provide the claim for the refund of the rental deposit as security.
As such, the Defendant, by deceiving the victim, was transferred 10 million won from the victim to the passbook in his/her name at that time.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A real estate lease contract;
1. Previouss before ruling: Criminal records, Konet case search and outputs, and court rulings.