A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

The Defendant conspiredd with Nonindicted Co. C (Death on August 28, 2014) to receive a business loan from the foreign exchange bank and to use it for personal debt repayment, etc., in spite of the fact that Nonindicted Co. C (Death on August 28, 2014) is not a legitimate lessee of the E-cafeteria located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon.

1. At the end of August 2013, the Defendant forged private document: (a) on the E restaurant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon; (b) on the real estate indication column of the real estate site for the real estate lease contract, the Defendant marked “Y, F,” “M0 million won” in Yeonsu-gu, Yeonsu-gu, Incheon; and (c) marked “Y 906 Dong-dong, Nam-gu, Incheon, 504, H, stating “S,” and affixed C’s seal, stating the above C’s personal information, and marked C’s seal in the lessee column.

Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease contract in the name of H, which is a private document on rights and obligations.

2. On September 4, 2013, the Defendant: (a) applied for a loan of KRW 100 million to J branch and Vice-head of Foreign Exchange Bank I branch and Vice-head of Foreign Exchange Bank who is aware of the forgery at the above E-cafeteria; (b) delivered the forged real estate lease contract as if it were a document duly formed.

3. The Defendant, at the time, at the time, at the place specified in the foregoing paragraph 2, held a claim against the owner of the building to refund the lease deposit amount equivalent to KRW 80 million to H. The Defendant, upon receiving a loan from an operating fund of the said restaurant, deceiving the above J as if the Defendant would normally pay the principal and interest of the loan out of the operating fund of the said restaurant.

The Defendant, as such, received money KRW 99,965,50 from the said J, under the name of the said C Exchange Bank account, from the said J, and acquired such money through the said C Exchange Bank account.

"2015 Highest 4610"

4. The defendant is actually in violation of the Punishment of Tax Evaders Act; and