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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person delegated by D with the lease and management of Eunpyeong-gu Seoul E Housing (hereinafter “instant Housing”) owned by D.
When the Defendant got out of the financial shortage, the Defendant was waiting for personal use without receiving the money from the victim C, who is the lessee of the said house, to increase the lease deposit.
1. On June 11, 2010, the Defendant: (a) indicated the column of the real estate lease agreement in the column of the real estate lease agreement in the victim’s residence located in the instant housing at his/her own expense as “F 201 of Eunpyeong-gu Seoul Metropolitan Government, resident registration number G, nameD, and lease deposit amount of KRW 90 million”; and (b) affixed a seal.
Accordingly, for the purpose of exercising, the Defendant forged a copy of the lease agreement in the name of D, a private document related to rights and obligations.
2. In the event of the foregoing investigation document, the Defendant: (a) delivered the forged lease contract to the victim who was aware of the forgery, as if it was duly formed; and (b) exercised it.
3. The defrauded is entitled to raise the lease deposit of the instant house from KRW 70 million to KRW 90 million at the date, time, and place prescribed in paragraph (1) and to receive the said additional deposit, and the said additional deposit received was delivered to the lessor D as if it were to deliver the aforementioned additional deposit to the lessor D. As such, the Defendant issued a forged lease contract to the victim as above, and was additionally issued the lease deposit amount of KRW 20 million from the damaged party on the same page.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a copy of each real estate lease agreement, a copy of a check in his/her own front, a written answer, and a reply;
1. Relevant Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, the choice of punishment for the crime
1. Aggravation concurrent crimes;