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Defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
[2015 Highest 979] The Defendant was sentenced to six months of imprisonment for attempted fraud, etc. at the District Court on March 13, 2009, and completed the execution of the sentence in the House of Government on September 12, 2009.
1. On May 3, 2012, the Defendant: (a) stated in the column for real estate location in the real estate lease agreement form D, located in the city of the Gyeonggi-do Government on May 3, 2012, the following: (b) stated in the column for deposit money “C, 30,000,000 won”; (c) KRW 2.5 million in the monthly rent column; (d) stated in the column for deposit money; (b) “The KRW 5,000,000 in the down payment column”; and (c) written in the column for down payment, “this million won (25,000,000,000”; and (d) written in the column, “E” on May 3, 2012; and (e) written in the column for deposit money; and (e) marked in advance the name “E” and affixed a seal thereon.
Accordingly, the Defendant, for the purpose of exercising authority, forged a copy of the real estate lease agreement in the name of E, which is a private document on rights and obligations without authority, and submitted a forged real estate lease agreement to the employees of a government-owned tax office having knowledge of forgery, upon registering the business at the government-owned tax office located at 77 on May 23, 2012.
2. On June 12, 2012, the Defendant: (a) committed an act as if he had a legitimate title to lease the refined Corper in the D Et Office located in Jung-gu Government-si, C, with the victim F to the effect that the Defendant would rent 5% of the sales proceeds to the victim F at KRW 30 million, and would enable the victim to conduct a normal business by lending the refined Corper in D Et to a third party.
However, at the time of fact, a person who operated the static buser at the time was G, and the defendant did not have the right to lease the static buser to G, and the defendant was suffering from economic difficulties, such as insufficient business funds and failure to properly pay the price of the goods. Therefore, even if he received KRW 30 million from the injured party, it shall be paid to G.