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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, while intending to borrow KRW 15 million from C, was refused, had the Defendant arbitrarily prepared a letter of loan with Linman D as a guarantor and had the Defendant borrow money.
On May 2015, the Defendant prepared a copy of the loan certificate in the name of the Defendant with the intent to exercise the loan amount of KRW 15 million, and one copy of the loan certificate in the name of the Defendant with the debtor as the Defendant. On May 2, 2015, the Defendant stated in the margin of the above loan certificate as follows: “Surety D, E, North Korea, 101, 406, 101, and 406, from the back of the loan certificate.”
D his seal has been affixed.
Accordingly, the Defendant forged the description of the guarantor in the name of D among the above loan certificate, which is a private document on rights and obligations.
2. On May 4, 2015, the Defendant: (a) exercised the instant investigation document at the house of C located in Nam-gu G at port on May 4, 2015; and (b) exercised the forged loan certificate to C, as described in the foregoing paragraph 1, as if it were a document duly formed.
3. On May 4, 2015, the Defendant was responsible for and operated by the victim C’s house located in Nam-gu G at L-gu, Nam-gu, Seoul, and the victim’s “I clothes in H market.”
There is a lack of money for the use of the clothes for sale.
Lice as a guarantor shall be paid 5% interest per week on the loan of KRW 15 million as a guarantor.
“A false statement,” and as above, D has issued a loan certificate written by D as a surety.
However, it is true that the above borrowed instrument is forged by the defendant and that D will guarantee the defendant's obligation.
There was no permission. At the time, there was no difference between the individual debt and KRW 70 million, and there was a lack of guidance for payment to the members of the operating fraternity, and therefore there was no intention or ability to pay the borrowed money to the victim.
The defendant shall be 15 million won in cash from the injured party on the same day.