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A defendant shall be punished by imprisonment for six 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. The fraud defendant seems to have written indictment on October 17, 201, "11. 17." appears to be a clerical error.
) On the other hand, the victim C stated that “A lease contract shall be concluded with a lessor by borrowing KRW 60 million as the deposit money for the lease of the house currently living at present, and if a lessee of the lease contract is lent KRW 60 million, he/she will enter into the lease contract with a lessor by borrowing the lessee of the lease contract from the victim KRW 60 million.” However, the Defendant borrowed the victim KRW 60 million from the victim to use it as the deposit money for the lease of KRW 30 million among them, and the remainder of KRW 30 million was thought to be used for repayment of his/her personal obligation. In order to know the victim, the Defendant issued a false lease contract with KRW 60 million with the deposit money for the lease of KRW 60 million. The Defendant deceiving the victim as such, and acquired it by taking the account of the new bank account (FF) in the name of his/her father and wife from the victim on the same day.
2. The Defendant: (a) borrowed KRW 60 million from C as a security deposit in the name of lease deposit with the same background as that mentioned in the foregoing paragraph (1); and (b) was willing to forge the lease agreement to be presented to C as a security.
Accordingly, at around 10:00 on October 18, 201, the Defendant paid the lessee the deposit amount of KRW 60,00,000 per day when entering into a contract on October 18, 201, the lessor received it, stating, “The Geumcheon-gu, Seoul, HI, and the lessee’s name at will, after holding the lessor’s name at 18 October 201, the lessor’s name at 10,50,000 of the building on the first floor among the two houses of Geumcheon-gu, Geumcheon-gu, Seoul, the brick C, and the lessee’s name at 10,000,000, the lessee paid the deposit amount of KRW 60,000 per day when entering into the contract on October 18, 201, the lessor received it.”