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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On June 5, 2017, the Defendant forged private document: (a) on the part of Dobong-gu Seoul Metropolitan Government on June 5, 2017, the Defendant: (b) caused a licensed real estate agent R to use a computer to use the location of real estate as “D Buildings E; (c) KRW 70,000,000,000; and (d) the lessor’s address, resident number, mobile phone name column; and (c) indicated the lessor’s address, resident number, cell phone name column as “Seoul City Building E; (d)”, “F,” “G,” and “H”; and (d) attached H seal to the right side of H’s name.
Accordingly, for the purpose of uttering, the Defendant forged one copy of the lease contract under the name of H, which is a private document on rights and obligations.
2. On July 19, 2017, the events of the above investigation document and the Defendant: (a) by deceiving the victim K employee L, a lessor as above, and the lessee as the Defendant; and (b) deceiving the Defendant to lend money to the victim as if the completion of the lease contract entered into a genuine agreement on the deposit basis; and (c) received KRW 30 million from the victim on the 20th day of the same month, on the 20th day of the same month.
As a result, the Defendant exercised a counterfeited lease contract in the name of H with the aim of exercising rights and duties, and received property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness M and K;
1. The police statement of H;
1. Application of Acts and subordinate statutes to H's accusation (a copy of the register, record, lease agreement, notarial deed, etc.);
1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that this case is not good in light of the means of crime.