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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Criminal facts
1. Around May 2009, the Defendant forged private document: (a) took the tenant column of the lease agreement written between the lessor D and the lessee previously possessed by the Gangnam-gu Seoul dental clinic; (b) made a copy of the lease agreement written between the lessee and then entered the lessee’s column “F, A, and G” in the name of the lessee and affixed his seal.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the lease contract under the name of lessor D and H, a private document related to rights and obligations.
2. On June 1, 2009, the Defendant, at the above C dental clinic, delivered a forged lease agreement to I as if it was duly formed.
3. The Defendant, as a dental technician, did not have any property under his/her own or his/her own or his/her parents’ name as well as a certain amount of income, and did not have any intent or ability to repay the personal debt to others even if he/she borrowed money from others, he/she did not have any intent or ability to repay the debt. However, the Defendant was willing to borrow money from the victim by delivering a dental clinic lease agreement with the aforementioned false content to the victim.
Around May 2009, the Defendant made a false statement to the victim at C dental clinic that “Around May 2009, the Defendant borrowed money from any other person, with which he/she raised the interest, and first borrowed the money to repay it.” The Defendant paid interest on the second part of each month, and even before that, he/she had his/her father’s land and is expected to be expropriated by the State, he/she would pay it immediately if the compensation is paid.”
On June 1, 2009, the Defendant received delivery of KRW 100,000,000 from the victim at C dental clinic on June 1, 2009, and KRW 50,000,000, in total from the Kcop division in Eunpyeong-gu Seoul on July 8, 2009.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The defendant;