A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2012 Highest 2585]

1. The Defendant was a person with bad credit standing since 2002, and is under personal rehabilitation from the Credit Counseling and Recovery Service since 2009.

Around 14:00 on May 7, 2012, the Defendant leased KRW 20,000 as security and made a false statement to the victim D at a law firm C office located in Ulsan-gu, Ulsan-gu, Seoul-do.

However, the defendant did not have a deposit for the lease on the above building.

The Defendant received 20 million won from the victim, namely, from the victim, to the account of community credit cooperatives (F) in the name of the Defendant for the purpose of borrowing money.

Accordingly, the defendant was given property by deceiving the victim.

B. On June 2012, the Defendant made a false statement to the victim I at H operated by the Defendant in Ulsan-gun G, Ulsan-gun, Ulsan-gun, that “The Defendant borrowed KRW 10,000,000 as security, because there is a deposit of KRW 10,000,000 for the first time.”

However, in fact, around June 7, 2012, the court had no intention or ability to provide the above security deposit to the victim as security because it borrowed the above security deposit in KRW 11 million and delivered the real estate lease contract.

On June 12, 2012, the Defendant received 3,650,000 won from the victim by the account of community credit cooperatives (F) in the name of the Defendant for the purpose of borrowing money.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 7, 2012, at around 10:00, the Defendant forged private document: (a) stated “L” in the lessor column, “A” in the lessee column, “Usan-gu E” in the location column, and “L” in the deposit column; and (b) stated “L” in the name column; and (c) affix a seal of L which the Defendant was previously posted by the Defendant.

The defendant is therefore entitled to exercise.