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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The criminal defendant on May 3, 2008, at E-cafeteria located in Sinpo City D on May 3, 2008, the defendant borrowed money to the victim F, "if there is any place in which he/she will make an investment, and if there is any money, he/she will lend it. The lending money will be repaid six months or more.
In addition, for borrowed money, the false statement was made that "to issue a check in the name of G and offer it as security."
However, in fact, the defendant had no right to issue the check in the name of G with the purpose of using the money from the damaged party for the repayment of personal debt, not the investment source, and to provide it as security.
The Defendant received KRW 10,000,000 from the injured party, namely, in the name of the borrowed money.
From that time until June 10, 2008, the Defendant deceivings the victim by the same method four times in total, as shown in the list of crimes in the attached Form, and received a total of KRW 105,00,000 from that time to that of borrowing.
Accordingly, the defendant was given property by deceiving the victim.
2. On May 3, 2008, at the Defendant’s house located at H on May 3, 2008, the Defendant: (a) stated that the check number I is “10 million won,” and “G in the issuer column” in the face value column in the color book at the Defendant’s house located at H on May 3, 2008; (b) affixed the Defendant’s seal on the part of the Defendant’s house.
From that time until June 10, 2008, the Defendant issued the check in the name of G in total of KRW 105,000,000 in four times in total, as shown in the list of crimes in the annexed sheet of crimes.
Accordingly, for the purpose of exercising, the Defendant forged four chapters of the current check in the name of G, which is a security.
3. On May 3, 2008, the Defendant holding a forged security event is attached from that time to June 10, 2008, from that time to that time, the Defendant issued a forged check to F, as stated in paragraph 2, with F, who is aware of the forgery, as if the check was actually issued.