A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 16, 2009, the Defendant was sentenced to imprisonment for ten months at the Changwon District Court for fraud, etc., and completed the execution of the sentence on June 14, 2009.

Around March 7, 2009, the Defendant: (a) requested the repayment of KRW 35 million borrowed from C around July 2008 by the Defendant; (b) had forged a payment sheet in which the Defendant was a joint and several surety in order to delay the repayment period for the Defendant’s debt to C; and (c) had the intent to deliver it to C.

Accordingly, in preparing a letter of payment with one straw of letter in the above date and at the above place, the Defendant stated the amount in the letter of payment with a straw of official approval (35,00,000), as “I wish to pay the above loan in full by August 31, 2009, and submit a letter of payment with the obligee’s commitment that I will not raise any objection (including joint and several surety) in any civil and criminal treatment of the obligee if the payment is not made by the agreed date.” The date of preparation as “ March 7, 2009,” each letter stating the debtor as the Defendant, the joint and several surety, D, and E, and then deliver it to C immediately known.

However, D did not prepare the above payment note as a joint and several surety, or did not delegate to the defendant the right to enter D in the payment note as a joint and several surety.

For the purpose of exercising this, the Defendant, without authority, forged a letter of payment in the name of D, a private document concerning rights and obligations, and exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation report (report on telephone recording and report on witnessD);

1. A copy of a letter of payment;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and criminal investigation reports (report attached to A judgment, etc.);

1. Relevant Article 231 of the Criminal Act and Article 234 of the Criminal Act concerning criminal facts, the choice of punishment (the point of Article 231 of the Private Document and the choice of imprisonment).