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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
[Attachment] The Defendant is the owner of Seo-gu Incheon Metropolitan City apartment C apartment D (hereinafter “instant apartment”), and E is the tenant who entered into a lease contract with the Defendant on a deposit basis of KRW 140 million with respect to the instant apartment, and F is a lending broker who has caused the Defendant to loan brokerage to the victim B.
The Defendant established a right to collateral security of KRW 249,60,000,000 for the instant apartment that is merely an amount of KRW 34,000,000,000 for the market value, and as such, even though the tenants of KRW 140,000 have resided in the apartment, in order to obtain additional loans from the victims as security, the Defendant forged a monthly rent contract of KRW 20,000,000,000 in the name of the tenants, and delivered the same to the victims, and the Defendant was able to keep the victims as if E is the tenants of KRW 20,000
【Criminal Facts】
1. On October 5, 2015, the Defendant: (a) stated the column of deposit in the apartment monthly rent contract in the column of the apartment monthly rent contract; (b) stated in the column of the lessee, “E (G)” and “H Licensed Real Estate Office and Representative I” in the column of the broker; and (c) stamped arbitrarily created in advance to the name of the said “E; and (d) stamped arbitrarily created in advance on the name of the said “E; and (b) issued to F the name of the said “I” around October 5, 2015, as if the document was duly formed at the F office of the loan broker in J in Seoul, Seoul.
Accordingly, for the purpose of exercising, the Defendant forged and exercised one copy of the apartment monthly rent contract in the name of E and I, which is a private document on rights and obligations.
2. On October 5, 2015, in order to borrow 30 million won from the victim with the instant apartment owned by the Defendant as collateral at the above F’s office, the Defendant issued a monthly rent contract for the forged apartment as described in paragraph (1) to F, a lending broker.