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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2014 Highest 538]
1. Around June 2010, the Defendant was entrusted with relevant administrative affairs by having the victim’s access to the purchase of the site and new construction of a new building for the purpose of use, such as a restaurant, with the knowledge that the victim C purchased a site D or E site in Ansan-si and intended to build a new building for the purpose of use, such as a restaurant.
The Defendant had paid KRW 218 million to the said F site. Since the said purchase price was already paid KRW 30 million, the said purchase price was possible to pay KRW 195 million, which is the money to be loaned as collateral, to the victim, with the payment of KRW 195 million as if the purchase price were more than the actual purchase price. On August 12, 2010, the Defendant made a false statement to the effect that “The purchase price is 37.8 million, and the purchase price was 37.8 million, which was the money borrowed as collateral, to the victim to whom delegation was made so that money may be withdrawn from the victim’s account, is insufficient to pay the purchase price, and so, the Defendant entrusted the victim with the authority to withdraw money from the H bank account (I) in the name of G used by the victim with the authority to settle the purchase price from the victim, and the victim should not be able to comply with the direction of the Defendant.
Then, at the H Bank Branch Office located in Ansan-si around August 13, 2010, the Defendant received the seal from the victim’s wife at the H Bank Branch Office located in Ansan-si around September 13, 2010, the Defendant: (a) written the withdrawal money list in the name of J and G; and (b) affixed the seal from L to L who is an employee in charge of the loan of the above bank; (c) affixed the withdrawal money list in the name of J and G; (d) affixed the seal to J and G; (e) KRW 17 million from the H Bank account in the name of J; and (e) withdrawn KRW 24 million from the said H Bank account in cash; and (e) received the money from L.
Accordingly, the defendant was given property by deceiving the victim.
2. Forgery of private documents and the display of private documents;
A. The Defendant.