A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[2013 Highest 964] The Defendant was in a de facto marital relationship with C from around 1973, and it was from September 2006 to the victim D and was living together.

After borrowing money from the victim several times on December 2008, the Defendant received a demand for repayment from the victim, and received money from C, and made a false statement to C to “A lend money only to one month used by the victim”, thereby having C remittance KRW 170 million to the victim on December 19, 2008.

Since then, for the purpose of learning C, the Defendant forged a loan certificate under the victim's name and received it to C as an opportunity to deliver it to C.

1. On January 29, 2009, the Defendant, at the Defendant’s office located in the Jeju city E, asked F to prepare a certificate of borrowed money prepared in advance, instead of the certificate of borrowed money.

이에 F은 검정색 볼펜을 이용하여 위 차용금증서 용지 일금 란에 “壹億七千萬(170,000,000)”, 원금변제일 란에 “2009년 1월 29일”, 일자 란에 “貳千九년 壹월 貳九”, 채무자 성명 란에 “D”, 주민등록번호 란에 “G”, 주소 란에 “대구시 수성구 H건물 203동 1503호”, 채권자 란에 “C”이라고 기재한 후, 채무자 D 이름 옆에 미리 새겨서 가지고 있던 D의 둥근 도장을 찍었다.

Accordingly, for the purpose of exercising, the Defendant had F, who was unaware of the fact, prepare a copy of the D/L borrowed money in the name of the private document concerning the rights and obligations, and forged it.

2. In February 2009, the Defendant: (a) delivered the forged loan certificate to C, who was aware of the forgery at the Council’s seat of the operation of the said C, which was located in Seocho-si, Seocho-si; and (b) exercised the said certificate as if it were duly constituted.

[2013 Highest 1389] The defendant presented Jeju around November 8, 2012.