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A defendant shall be punished by imprisonment for not more than ten 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 July 25, 201, the Defendant forged private documents: (a) for the purpose of borrowing cash from B at the French place and providing it as a collateral, the Defendant: (b) on the deposit column of the lease contract purchased in advance with respect to Suwon-gu, Suwon-si; (c) on the proviso column, “the extension of the contract by two sides agreement by February 12, 2013”; (d) on the date of preparation, on January 12, 2009; (b) on the lessor column, the lessor’s column stated respectively as “Y-si, Suwon-si, Gyeonggi-do; (d) on the lessee column, “BC”, and “A” continuously signed the lease deposit amount of KRW 40 million,000,000,000,000,000, which is KRW 80,000,000,000 on the deposit basis, and affixed his/her name and seal to E in advance, excluding the deposit.”
Accordingly, for the purpose of uttering, the Defendant forged the whole lease contract in the name of E, which is a private document on rights and obligations, and one written consent.
2. In order to borrow 40 million won from B in the office of "law firm G," which is located in Yeongdeungpo-gu, Young-gu at the time and time specified in paragraph (1), the Defendant presented a charter contract and written consent, which is a forged private document, as described in paragraph (1) above, and exercised it by means of offering it as a security, to B.
3. On July 25, 2011, the defrauded: “Around July 25, 2011, the Defendant: (a) lent KRW 40 million to the victim B for business funds; and (b) subsequently, he/she would have to pay the said funds after three months; (c) as security, he/she will receive a charter contract and a written consent of the owner of the house.”
However, in fact, since the lease contract and written consent in the name of E were forged in the same manner as the written in Paragraph 1, there was no intention or ability to pay the borrowed amount to the victim.
The defendant receives 30,000,000 won from the victim, i.e., a prior interest and fees, and receives the above money.