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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for one year from the date this judgment becomes final and conclusive.
Reasons
1. According to the summary of the grounds for appeal by the prosecutor, etc. against the defendant, although the defendant was fully aware that the real estate lease contract of this case was forged, he/she may exercise the right as if he/she was actually prepared, and provide false bond claims without intent or ability to repay, thereby inducing victims to acquire money in the name of borrowed money and obtain money in the name of borrowed money, the court below acquitted the defendant. The judgment of the court below is erroneous in the misapprehension of facts and thereby affecting the conclusion of the judgment
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged was that the Defendant borrowed money from a credit service provider called "C" on September 2010 and could not repay it. The Defendant, as if he leased the Seoul Yangcheon-gu D building and the first floor store in KRW 20 million, forged a real estate lease agreement under the name of the lessor E (hereinafter "the instant forged real estate lease agreement"), and used it to obtain a loan from other credit service providers.
1) On March 24, 2011, the Defendant: (a) borrowed KRW 3 million from G, a credit service provider, from a building in Yangcheon-gu Seoul Metropolitan Government and a “F” shop where the Defendant in the first floor work as an employee; and (b) exercised one copy of the instant forged real estate lease agreement as if it were genuine.
B) On April 6, 2011, the Defendant borrowed KRW 6,50,000 from I to I, and issued one copy of the instant forged real estate lease contract as if it were genuinely prepared. (2) The Defendant paid KRW 20,000,000 to the victim G at the same time and at the same place as paragraph (a) of 1, and at the same time and place as Seoul Yangcheon-gu D D D D D’s KRW 20,000,000 to prepare for open opening.