A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[2016 Highest 913]

1. On August 16, 201, at around 13:00 on August 16, 201, the Defendant borrowed KRW 100 million necessary for tax issues to the victim D, because the Defendant was to obtain a guarantee of KRW 3:50 million from the Korea Technology Finance Corporation, at around 13:00, from the mutual infinite restaurant in Songpa-dong, Songpa-gu Seoul, Songpa-gu, Seoul, to lend KRW 100 million to the victim D by adding 5% interest to the principal by the 31st of the same month.

“.....”

However, the Defendant did not have been determined as having received a guarantee from the Korea Technology Finance Corporation, and it was difficult for the Defendant, Inc., Ltd., a metal raw material recycling company, which operated, to use the debt rapidly due to the shortage of funds, to cope with the wind using high interest bonds. Therefore, the Defendant did not have any intent or ability to repay the borrowed money as agreed.

The defendant deceivings the victim as above and received KRW 100 million from the victim as the next 17-day loan from the victim.

2. On January 2012, the Defendant, in collusion with F (Suspension of Prosecution) who is an offender, attempted to acquire the borrowed money by forging a false lease contract and providing the same as security by forging a false lease contract.

On January 5, 2012, the Defendant, at the business office of Songpa-gu Seoul Metropolitan Government, forged one copy of the false lease contract (former lease contract) under the title “H2F of Dobong-gu Seoul Metropolitan Government,” “H20,000,000” in the column for the location of real estate by means of computers, referring to the monthly lease contract (former lease contract) received from the said F, at the business office of Songpa-gu Seoul Metropolitan Government E, and forged one copy of the false lease contract under the name of the lessor (former lease contract) by arbitrarily stating the name and personal details in the column for deposit money (60,00,000) and the name and personal details of I in the column for lessor.

On the 9th day of the same month, the Defendant submitted the above contract to the victim K on the 9th day of the Seoul Jung-gu J building with the interest rate of 5% per month on the loan of money.