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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Forgery of private documents, uttering of falsified investigation documents, and fraud;
A. In June 2009, the Defendant: (a) requested L to arrange a loan from L on the first day of June 2009; (b) concluded a lease agreement with L with L on the basis of which L had no monthly rent; (c) forged the lease agreement; and (d) borrowed the loan by using it; and (c) borrowed part of the loan from L.
In June 2009, L was residing on condition that L was paid KRW 200 million and monthly rent of KRW 10,000,000 in Suwon-si M in Suwon-si in the lease contract form, and even though L was living on condition that L was paid KRW 200,000,000, in the lease contract form, "location: 102 of the first floor of the building in Suwon-si, Gyeonggi-do, the land category: Class 1 commercial area, building category: reinforced concrete/slurb", "gold-si (200,000,000)", "N,O," and "N," and "L" were printed out in the lessor column, and affixed the seal of N and O which were newly stored on N and O side.
In addition, around June 22, 2009, the Defendant, together with L, delivered the forged lease contract as if it was a document that was duly formed at the Hyundai Swiss Savings Bank in Gangnam-gu Seoul, Seoul.
Accordingly, in collusion with L, the Defendant, without authority, forged and exercised one set of a lease contract in the name of N orO, a private document concerning rights and obligations, for the purpose of uttering.
B. Around June 22, 2009, the Defendant and L were transferred KRW 82,123,658 from the victimized company to L’s passbook on June 24, 2009 by providing a forged lease contract, which was offered as security, at the time of applying for a loan of KRW 100 million.
Accordingly, the defendant, in collusion with L, acquired 82,123,658 won.
2. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;