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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
"2013 Highest 766"
1. On November 25, 2009, the Defendant made a false statement to the effect that “F is lent money to the victim E within a reasonable area of Cheongju-si C” as a joint and several surety.
However, in fact, the defendant did not have obtained consent from the husband to the joint and several surety, and the husband did not have any intention to leave the husband as a joint and several surety.
Nevertheless, the Defendant, by deceiving the victim, was delivered KRW 22,00,000 to the victim around November 30, 2009.
2. The Defendant borrowed money from E at a temporary place under the foregoing Paragraph (1) and had the Defendant enter the words of joint and several sureties in the borrowed money in F’s name as her husband.
Accordingly, the Defendant marked “F”, “F”, “G”, and “H” respectively in the resident registration number column in the name column of the joint and several sureties of the loan certificate form with a stample, and affixed F seal in his name.
Accordingly, for the purpose of uttering, the Defendant forged a letter of borrowed money in the name of F, which is a private document on rights and obligations, and submitted it to E who is aware of the forgery on the same day as above, and used it as if it was genuine.
"2013 Highest 1265"
1. On February 5, 2010, the Defendant made a false statement to the effect that “The Defendant would refund the victim I money after one year if he/she borrowed the money in exchange for the South F as a joint and several surety.”
However, in fact, the defendant did not obtain consent from husband F to become a joint and several surety, and even if he borrowed money from the victim, even if he borrowed money from the victim, he did not have any intention or ability to pay the borrowed money from her husband as a joint and several surety.
The defendant shall belong to this, under the name of the defendant, to KRW 10,000,000 on the pretext of a loan from the victim.