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1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
1. When the Defendant entered into a contract to sell at least KRW 50 million among D around September 23, 2004, at the same time as the altered contract for the real estate sales contract was entered into, around September 23, 2004, the Defendant entered into a contract to sell at KRW 40,000,000 for E, a private document concerning the rights and obligations under the name of E, and one copy was in possession of E and one copy.
(E)E entered into a sales contract to additionally purchase 20 square meters from the Defendant around November 2004 to pay additional 25 million won. Around December 4, 2004, the part purchased by E was subdivided into “C” with respect to the part purchased by E. The Defendant, after copying the above real estate sales contract held by the Defendant for the purpose of exercising the right of a date unfolding, the Defendant deleted “D” into “C”, “40”, “G7” in the down payment column as “ -”, “G7” in the building column as “ -”, “A7” in the down payment column as “ -”, and “A” in “ 9- 9” in “an amount equal to “an amount equal to 10,000,000”, “an amount equal to the remainder,” and “an amount equal to the remainder” as “the seller affixs his seal affixed to the Defendant, and the seller bears the seller’s deletion by means of a non-survey column.”
Around October 25, 2013, the Defendant submitted a request for payment order to pay KRW 11 million to E in the Daegu District Court-dong Branch of the Daegu District Court-dong Branch of the Dong-dong, Dong-dong, Dong-dong, Seoul Special Metropolitan City for the purchase and sale of the said real estate to E, and subsequently submitted a copy of the modified real estate sales contract to a public official of the court who is not aware of the modification, as evidence.
2. The Defendant, who attempted to commit fraud, filed an application for a payment order with the purport that he did not receive KRW 11 million from the victim even though he/she received full payment from the victim of the initial promise to sell Ansan to the victim E at Ansan-dong District Court of Ansan-dong, Dong-si and Dong around October 25, 2013, and around November 25, 201 of the same year.