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Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
around March 2012, the Defendants, while operating C main points, forged the real estate lease contract for the above C main building of which the lessee is the Defendant A, provided the victim D as security, and borrowed funds necessary for the settlement of liquor prices and acquired them by fraud.
1. On April 1, 2012 according to the mother of Defendant A, Defendant B forged private document: (a) around March 4, 2011, stating in the column for the location of real estate in the real estate lease contract form, “No. 13 square meters in Sungnam-gu, Sungnam-si, Sungnam-si; (b) “No. 20,000,000”; and (c) written in the column for the date of preparation “No. 4, 2011,” stating in the column for the deposit “F,” and written in the lessor “A,” “F,” and the lessee “A,” written in the name of the F.
As a result, the Defendants conspired to forge one copy of the real estate lease agreement in the name of F, a private document on rights and obligations.
2. On April 6, 2012, according to the mother of Defendant B, Defendant A borrowed money from D at the 69-3 digital law firm, Sung-nam-dong, Sung-dong, Sung-dong, Sung-nam-dong, and issued a forged real estate lease contract as collateral to D who is unaware of the fact that the contract was duly completed, and received KRW 19 million from the victim D, who believed that the above contract was genuine on the same day, via the CT Bank account (Account Number H) in the name of G, which is the seat of Defendant B, under the pretext of borrowing money from Defendant B.
As a result, the Defendants conspired to exercise one copy of the forged real estate lease contract, and acquired 19 million won by fraud.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of D police statement;
1. (Application of Acts and subordinate statutes to a real estate lease contract)
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;