Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
From Jun. 2, 2016, the Defendant: (a) borrowed KRW 50 million from E to raise funds for operating the said restaurant from the Seo-gu, Seo-gu, Gwangju; (b) borrowed KRW 50 million from E to borrow money in the name of B, the title holder of the said restaurant business operator; and (c) borrowed money in the name of B, the Defendant arbitrarily prepared a loan certificate in the name of B, the title holder of the said restaurant.
On July 29, 2016, the Defendant: (a) at the “G office located in Seo-gu, Gwangju, by means of a computer screen document, entered “G” in the title “G,” “Won 50,000,000; (b) borrowed the above amount; (c) borrowed the remittance account: H Bank I, deposit holders B, and monthly interest: H Bank I, deposit holders: (d) paid in 1,50,000 won; (b) on July 29, 2016: July 29, 2016; (c) on July 28, 2017; (d) the date of payment: J Apartment, K, name: B: Name and contact name: L, contact number M; and (d) printed it out to the name of the said B, and voluntarily signed “N” as one of the next B names.
Accordingly, for the purpose of exercising, the Defendant forged a copy of a private document B, which is a private document related to rights and obligations.
Summary of Evidence
1. Defendant's legal statement;
1. Some statements in each police suspect interrogation protocol regarding E;
1. Part B of the interrogation protocol of the second police officer against the accused;
1. The police statement concerning B;
1. Recording notes (No. 32 No. 5 of the evidence list);
1. Business registration certificate;
1. Transfer receipt/total certificate of registered matters;
1. Statement of each transaction record;
1. Application of Acts and subordinate statutes on the loan certificate;
1. Grounds for sentencing under Article 231 of the Criminal Act by applicable Articles of the facts constituting the crime and by selecting the penalty;
1. The scope of punishment by law: Imprisonment for one to five years;
2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of recommendations (decision of types) according to the sentencing guidelines.