Text
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 25, 2018, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the judgment was finalized on August 3, 2018.
1. On December 20, 2015, the Defendant forged a money loan contract in the name of E, which is a private document on rights and obligations, for the purpose of carrying out an entry of the name of E in the column of joint and several sureties, into which the Defendant borrowed KRW 47 million from D by a computer in Seoul, Gangnam-gu Seoul building C, and then signed the money loan contract in the name of E, which is a private document on the rights and obligations, with the intention of exercising the prior seal affixed thereto.
2. The Defendant at the time and place specified in paragraph 1, delivered to D any forged E’s monetary loan agreement in the name of E, as described in paragraph 1, to be used.
Summary of Evidence
1. Defendant's legal statement;
1. D's statement among the police interrogation protocol against the defendant
1. Statement to E by the police;
1. Cash loan contract;
1. Investigation reports (verification of the progress of civil cases between creditors D and suspects), recording records and reports;
1. Previous records: Application of investigative reports (Attachment of court rulings related to suspect's power) and other Acts and subordinate statutes;
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant agreed with E, the title holder of the private document subject to the instant crime, the equity in the case where the instant crime has been adjudicated simultaneously with the previous conviction, the defendant has no record of punishment before the instant crime, and the sentencing conditions indicated in the records of this case, such as the defendant’s age, character and conduct, family relationship, home environment, motive and means of the instant crime, and circumstances after the instant crime, etc.