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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
1. On March 2014, at the end of Dongjak-gu Seoul Metropolitan Government Labor Market, the Defendant made a false statement to the victim C, stating that “The Defendant would mobilize the victims with human resources necessary to operate the Emart store located in the Republic of Korea with D Emart and Emart in daily acid, on the ground that the Party is responsible for the lease deposit, and that the Party would mobilize human resources necessary to operate the Gmart store.”
However, even if the defendant receives money from the victim as the security deposit, he did not have the intention or ability to operate the fishery products store by paying the security deposit or operating the fishery products store with the victim.
Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 65 million from four occasions, including KRW 16,00,000 on April 16, 2014, KRW 20,000,000 on April 17, 2014, KRW 500,000 on May 21, 2014, and KRW 30,000 on June 5, 2014, from the victim’s new bank account in the name of Defendant F.
2. The Defendant: (a) asked the victim C to verify whether the lease contract was made with a deposit of KRW 65 million as stated in paragraph (1); and (b) asked the victim to see the defect and the forgery of the lease contract.
On October 20, 2014, the Defendant used a computer in the PC near the subway 3 line dialogue station. On October 20, 2014, the Defendant: (a) made a lease agreement to the effect that (i) the Defendant rents the fishery products in the said set from (ii) the (iii) a deposit amount of KRW 50 million; (ii) monthly rent of KRW 2.5 million; and (iii) the lease period of the said set up 24 months; (iv) printed out the agreement; and (v) arbitrarily cut the corporate seal of the (owner) a private document in the name of (ju) a private document on rights and duties, which is a private document, signed and sealed the corporate seal of the (owner) the one in which the (owner) one is the owner.
B. On October 21, 2014, the Defendant completed the lease contract in the name of the (owner) electoral slip, which was forged to the above C, without knowledge of the forged facts.