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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2015 Highest 3780]
1. On January 9, 2015, the Defendant forged private documents: (a) stated the real estate indication column for the real estate lease contract site in the name of the Seoul Special Metropolitan City (Seoul Metropolitan City) in Gwangju apartment No. 101 Dong 303; (b) in the guarantee deposit column; (c) stated the personal information of the Defendant in the lessor column; and (d) affixed a seal on the above F’s name, which was posted in advance to the name of the said F.
Accordingly, for the purpose of exercising, the Defendant forged a copy of a real estate lease agreement in the name of F, a private document on rights and obligations.
2. On January 9, 2015, the Defendant: (a) borrowed 50 million won from J at the I Loan Business Office operated by H located in the Dong-gu Gwangju-gu, Gwangju-gu; (b) presented the forged real estate lease contract to J as if it were a document duly formed, as described in paragraph (1) above.
3. The defrauded presented to theJ a forged real estate lease agreement and a receipt to the effect that he/she will transfer the deposit money for the lease on a deposit basis as above at the time, at the time, at the place specified in paragraph (2) above, that “The Defendant borrowed KRW 50 million as security because he/she would offer the deposit money for the lease on a deposit basis. It was used only for two months, and paid the interest of KRW 4 per month.”
However, the above real estate lease agreement was forged as stated in the above Paragraph 1, and the defendant did not have any intent or ability to repay the borrowed money.
Nevertheless, on January 9, 2015, the defendant deceivings the victim as above and transferred KRW 50 million to the Agricultural Cooperative Account in the name of K managed by the defendant on January 9, 2015.
[2015 Highest 4973] The Defendant intended to operate entertainment centers on the first floor of Seo-gu Seoul Metropolitan City, Seo-gu, Gwangju Metropolitan City, but there was no way to prepare initial operational funds and employee advance payment, thereby forging the lease agreement on entertainment centers.