A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 19, 2014, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Incheon District Court, and on December 27, 2014, the said judgment became final and conclusive.

1. On October 26, 2010, the Defendant forged a private document, stating “E” in the column for the lessor’s address of the commercial lease agreement on “Ycheon-gu, Seocheon-gu, Seoul Building 102” as a computer at an insular location, stating “E” in the resident registration number column, “F” in the telephone column, “G” in the name side of G.

Accordingly, for the purpose of exercising, the Defendant forged a copy of the commercial lease agreement, which is a private document on the rights and obligations of G.

2. Around May 31, 2011, the Defendant displayed a forged commercial lease agreement with the victim I as referred to in paragraph (1) at the H Cosmetics shop operated by the Defendant, which was located in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, Seo-gu, Seoul, and concluded a false statement that “The upper price is KRW 30 million. The purchase price of cosmetics is KRW 40 million.”

However, in fact, the Defendant did not have a deposit for the commercial lease of KRW 30 million, and was a forged commercial lease deposit.

Accordingly, the Defendant, as seen above, exercised the victim who is aware of the forgery of the commercial lease contract, which is a private document, and deceiving the victim, and acquired the victim by remitting the amount of KRW 40 million from the victim to the foreign exchange bank passbook on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Account transaction details, commercial lease contract, copy of authentic deed, and loan certificate;

1. Before judgment: Application of criminal records, written judgments (2014 highest 6218, 6682, 7864 (combined), and applicable Acts and subordinate statutes of search of cases;

1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 10 of the Criminal Act, the choice of punishment for the crime.