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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On November 5, 2012, the defrauded made a false statement to the effect that, around 10:00 on November 5, 2012, the Defendant: (a) at the C Licensed Real Estate Agent’s Office in Seongbuk-gu, Seongbuk-gu; (b) the Defendant purchased golf membership from a third party and did not have the intent or ability to gain profits from selling it; and (c) even if the Defendant did not have the intent or ability to return it even after borrowing money from the injured party, the Defendant may obtain profits of KRW 100 million if he sells it after purchasing it from the injured party D; and (d) if he/she borrowed KRW 15 million until December 5, 2012, he/she would pay KRW 2,00,000,000,000,000,000,000 won including the previous lending three million won and interest thereon, from the injured party’s deposit account on the same day.
2. Around November 2012, the Defendant: (a) requested the Defendant’s wife E’s certificate of borrowing from D to guarantee the return of the borrowed amount as stated in the foregoing Paragraph 1.; (b) around that time, the Defendant forged a copy of the loan certificate in the name of E, a private document related to rights and obligations, stating that “I will borrow KRW 29,50,000 from D by December 20, 2012, KRW 29,50,000,000,000,000,000,000,000,000,000,000,000,000, in a white paper, at a white paper: (a) at the same time; (b) and (c) then, I forged a copy of the loan certificate in the name of E, a private document related to rights and obligations, without authority, for the purpose
3. On November 201, 2012, the Defendant: (a) issued to D who was unaware of the forgery at a false place; (b) a forged E loan certificate in the name of E, as indicated in the foregoing 2. Paragraph, and exercised the same.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. A copy of the details of transactions, written answers, borrowed certificates, and written statements of transactions;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment;