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Defendant shall be punished by imprisonment with prison labor for each of the crimes listed in the Decision 2012 senior group 2343 and 2681, and Supreme Court Decision 2012 senior group 2821.
Reasons
Punishment of the crime
[criminal power] On February 14, 2007, the Defendant was sentenced to a suspended sentence of three years on the one and half years of imprisonment with prison labor for fraud in the Suwon District Court's Ansan Branch, and on February 22, 2007, the above judgment became final and conclusive.
"2012 Highest 2343"
1. Around August 17, 2005, the fraud Defendant made a false statement to the victim E at the D office located in Ansan-gu Seoul District Office that “if the Defendant lends KRW 15,000,000,000 necessary for opening a golf practice range located in Sungnam-si, he will pay monthly living expenses, give two additional monthly interest, and pay by February 17, 2006.”
However, in fact, while preparing for the opening of the G main store in F without certain income and assets, the Nonghyup Bank did not reach KRW 280,000,000,000, and even if H borrowed money from the victim, such as having a personal debt of KRW 158,00,000, it did not have any intent or ability to repay the debt.
The Defendant provided the said apartment as security and received KRW 15,000,000 from one bank, from the victim in Ansan-gu, Y apartment 124 and 204 at the time of Ansan-gu, the victim’s possession. On September 20, 2005, the Defendant provided the said apartment as security and received KRW 50,000,000 from one bank.
Accordingly, the defendant received property from the victim.
2. On February 28, 2006, the Defendant forged private documents: (a) stated “24,00,000 won in the column of the maximum debt amount; (b) K Stock Company in the column of the mortgagee; and (c) indicated “E” in the column of the debtor; and (b) marks E’s seal impression impression in advance following E’s name.
Accordingly, for the purpose of exercising, the defendant has forged one Chapter ‘A contract for the creation of mortgage' in the name of E, a private document concerning rights and obligations.
3. The Defendant, at the time and place specified in paragraph (2), shall file a petition for establishing a forged mortgage agreement with the competent public official and the head of the Suwon District Court, who is aware of the forgery.