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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, “F” under the real estate lease contract operated by the Defendant to the victim E, prepared at will a contract to change the lessee under the real estate lease contract with the victim under the joint name of the victim, and had the victim borrow KRW 20 million from the victim.
1. On September 27, 2013, the Defendant forged a private document: “F” vehicle maintenance station located in Busan metropolitan Daegu G in the location column of the site for the real estate lease contract without authority for the purpose of exercising the right; “F million won” in the guarantee column; “F million won in the rent column”; “A and one other (E) pay an amount of KRW 50% of the deposit at the expiration of the contract at the expiration of the contract” in the item column of the special agreement; “A and one other” in the lessee column; and “H” in the lessor column and “H” and “H” were identified in the lessor column and possessed in advance on the name of H.
H forged one copy of the lease agreement of real estate in the name of H, a private document concerning the rights and obligations affixed with H’s seal.
2. On September 27, 2013, the Defendant: (a) borrowed 20 million won from E at the “J” coffee shop located in Busan Island; (b) delivered the forged lease contract as if it were duly formed; and (c) exercised it.
3. On September 27, 2013, the defrauded: (a) at the instant “J” coffee shop; (b) the fact was in arrears with a rent of about four months, which is three million won per month, at the time of the lease; (c) the lessor’s consent to the change of the lessee’s name was not obtained; and (d) the victim E voluntarily prepared the lease contract without obtaining the lessor’s consent to the change of the lessee’s name; (c) however, the Defendant borrowed KRW 20 million to the victim E as collateral. The lessor was drafted a lease agreement by changing the lessee’s name to the name of the party and the joint name.
The principal shall be paid to September 27, 2014, and interest shall also be paid to the injured party, and the interest shall also be paid to the injured party.