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A defendant shall be punished by imprisonment for not more than ten 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
1. Around September 25, 2008, the Defendant forged private documents using a black pen in the area B of the site for the real estate lease contract in Busan, Jinjin-gu, Busan, on the location of the site for the land for the real estate lease contract, the Defendant stated, “B” in the structure column, “refinite concrete” in the structure column, “190 square meters” in the area column, “190 square meters” in the whole rent column, “0 million won” in the monthly rent column, “0 million won” in the down payment column, “0 million won” in the remainder column, and “the partial non-goods are owned by a lessor, and thus, shall not be disposed of at will by the lessee. Other matters shall be in accordance with general practices.” In the lessor’s address column, the Defendant stated, “D”, “E”, “E”, and sealed the FF’s name and stamped.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the real estate lease agreement in F, a private document on rights and obligations.
2. On December 2, 2008, the Defendant: (a) filed an application for a loan with the 3-dong, Sinsan-dong, Busan Metropolitan City 3-7, 1833-7, the Defendant: (b) delivered the forged real estate lease contract to G employees of the above community credit cooperatives who may know of the forged fact as if it were the document duly formed; and (c) exercised it as if it were the document duly formed.
3. Around December 2, 2008, the Defendant submitted a forged lease agreement as stipulated in paragraph (1) from the above community credit cooperatives as collateral to G who is an employee of the victims of three-dong community credit cooperatives, and applied for a loan of KRW 20 million to the above G around December 3, 2008.
However, in fact, since the above lease contract was forged, there is no value as a security, as well as the defendant has no intention or ability to repay the loan due to the fact that he is receiving a repayment demand from a bond business operator at the time.
The Defendant, as above, deceiving the above G, and thereafter, loans from the victims' three-dong community credit cooperatives around December 9, 2008.