A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 7, 2011, the Defendant entered into an installment contract with the victim Lochi Capital Co., Ltd. and the principal of Fump trucks under the terms of 67,00,000 won per annum, 15.5% per annum, 36 months principal and interest equal repayment (2,400,000 won per month payment) at the office of the Defendant’s corporation E, which was operated by the Defendant on Mapo-si D and 3 floors, and the Defendant entered into a loan agreement with the victim under the terms of equal repayment of principal and interest for 67,00,000 won per annum, and entered the loan application form into as “G”, “H” in the resident registration number column, “H4 stories in the resident registration place column,” and “J” in the cell phone column, respectively, and the said loan application was dried with G’s certificate of personal seal impression, etc.

However, in fact, the Defendant did not have obtained prior approval from G, the spouse of the Defendant, to put up the said installment contract as a joint guarantor. However, even if the installment contract was concluded as above, the Defendant did not have the intent or ability to pay the said installment contract properly because it was insufficient to pay the principal and interest by monthly income of the Defendant. Upon delivery of the said dump truck, the Defendant was able to dispose of it immediately and consume it for personal purposes by receiving the payment.

The Defendant, as above, deceiving K, received 67,00,000 won from K to pay 67,00,000 won of money owned by the victim company as installment, acquired it, forged one copy of the joint and several several surety in the name of G, a private document concerning rights and duties without authority for the purpose of exercising the right and duties, and exercised it to K as above.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness, L and M respective legal statements, and part of K's legal statement;

1. The prosecutor's statement to K;

1. Each police statement concerning L;

1.-A copy of the application for loans for debate, - a copy of the judgment of the first instance court in the Gwangju District Court, and all documents of loans.