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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. Around August 16, 2011, the Defendant forged a private document; the Defendant entered into a performance agreement with D employees E of the Company D and F of the Company D’s “F”); and the Defendant entered into a performance agreement in the name of G, which is a private document related to rights and obligations, with the entry of “I” in the name column in order to conceal the facts prior to the receipt of the said E’s demand to enter the personal information of the joint and several sureties; and the fact that the joint and several sureties was a bad credit holder; and the resident registration number column in the resident registration number column entered the “I” into a performance agreement in the name of G, which is a private document related to rights and obligations.
The Defendant continued to deliver to the above E a written agreement of performance of the obligation, which was not aware of the above forged fact, as if the said written agreement was duly formed.
2. On August 16, 2011, at the same place as indicated in the preceding paragraph, the Defendant concluded a “F” franchise store agreement with the victim E employees of the victim Co., Ltd., and concluded a false statement with the purport that, if the Defendant loaned KRW 37.4 million to the above E the costs of installing the franchise store facilities, the Defendant would preferentially pay the down payment of KRW 17.4 million, and at the time the construction is completed for KRW 27.4 million, the Defendant would pay KRW 17.4 million and repay the remainder of KRW 10 million each month after the commencement of the store business.
However, the Defendant had been in bad credit standing from around 2005, and around that time, he was liable for the credit card payment liability of approximately KRW 30 million and about KRW 25 million, and there was no specific method to prepare funds necessary to operate the above franchise store, and there was no intention or ability to pay the price normally even if the Defendant was supplied with the above franchise store facilities from the above victim.
On September 1, 2011, the Defendant had the said victim construct the facilities of a franchise store with an amount of KRW 37.4 million and did not pay KRW 27.4 million among them.