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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 26, 2009, the Defendant forged private documents at E’s office located in Yongsan-gu Seoul Metropolitan Government, stating that “F (F) is the full amount of monthly rent deposit (150,000,000) refund to “H” of the leased object “G” in the indication column of the transfer claim,” “F” in the transferor column, “E” in the transferee column, and “G, a lessor, accepts the transfer of claims under the above credit transfer and takeover contract,” and affixed a seal of G with the name of G in advance.
Accordingly, for the purpose of exercising, the Defendant forged one copy of the bond transfer and receipt contract in G name, which is a private document on rights and obligations.
2. The Defendant: (a) delivered forged bonds transfer and receipt contracts to E at the same time and at the same place, as if they were duly formed; and (b) exercised them.
3. On March 24, 2009, the Defendant received 49,250,000 won from the victim as an employee of the clothing company operated by the victim E and lent the said money to F; however, the Defendant was ordered to take measures to enable the victim to have the lessee F of Gangnam-gu Seoul Metropolitan Government transferred the claim for return of the lease deposit against G to the lessor.
As a result, the Defendant had a duty to secure a security for the loan repayment claim that the victim lent to F and lend to F by taking the procedure that the victim would be entitled to transfer F’s claim for the refund of the lease deposit to F and lend F 4,9250,000 won.
Nevertheless, the Defendant violated the above duties, thereby obtaining the consent of G with respect to the assignment of claims, or requiring F to notify G of the assignment of claims, etc., so that the victim may have the claim for the refund of the lease deposit against F with respect to G.