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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Criminal facts
1. The Defendant, after borrowing money from D, had her husband pretended to believe that her husband E is a joint and several surety, had the husband enter her husband’s name and resident registration number in the column of joint and several surety in the loan contract for consumption.
On September 7, 2011, at the “G” restaurant operated by the Defendant in Ansan-si, the Defendant: (a) received a draft of the monetary loan agreement stating, “A shall not dispose of the rent deposit and goodwill of G he/she operates, without the consent of any column (public space) from D; (b) if A pays off the rent of KRW 10 million by September 7, 2012, the Defendant received a draft of the monetary loan agreement stating, “A shall have the authority to dispose of the G; (c)”; (d) entered “E” in the joint and several sureties column and entered his/her resident registration number next thereto.
Accordingly, for the purpose of exercising, the Defendant forged a cash loan contract in the name of E, a private document on rights and obligations.
2. Uttering a falsified investigation document;
A. On September 7, 2011, the Defendant demanded a security for KRW 80 million that he borrowed from the foregoing G from D, and, as seen above, exercised a false monetary loan contract with the consent of E with the certificate of personal seal impression in the name of E, as if it was duly formed with the consent of E.
B. Around December 28, 2011, the Defendant borrowed KRW 100 million from H from the said D’s house to repay the above loan debt to D, and exercised the above-mentioned monetary loan contract with H as if it was duly concluded by having returned the forged money loan contract from the said D and having been repaid.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of H;
1. Each report on investigation;
1. A complaint filed by H (including attached documents);
1. Application of Acts and subordinate statutes concerning civil procedures to the complainant-E
1. Relevant Article 231 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 231 of the Criminal Act;