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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Upon the introduction of D, the Defendant lent KRW 6 million to E, and D jointly and severally guaranteed the above KRW 6 million obligation, and D thereafter requested F to lend KRW 9 million to the Defendant around January 4, 2016, along with F, and the Defendant requested D to lend the existing joint and several liability obligation amounting to KRW 6 million.
1. 4. 4. Demanding preparation of a loan certificate of KRW 15 million for one’s own debt of KRW 9 million, F requires joint and several sureties, and further D requires husband G to provide joint and several sureties.
D refused the Defendant to be jointly and severally guaranteed by her husband G, but the Defendant stated “A is a joint guarantor with the loan certificate, and there is no problem with the payment of the money later.” D accepted the loan certificate, and the Defendant conspired to enter G as a joint guarantor with D and F, even if there is no permission of G with D and F.
1. On January 4, 2016, the Defendant forged a private document: (a) at the “I” coffee shop located in Nam-gu Incheon Metropolitan City, Nam-gu on January 4, 2016, according to the foregoing public offering with D and F; (b) the Defendant prepared a paper “a loan certificate and performance letter”; and (c) D, in the column “day” of the said site, read “one million Won (15,00,000), “I will pay creditors and agreed interest”; (c) “F months” and “K (L)” as “D, Nam-gu, Incheon Metropolitan City, J Apartment-gu, 605,” and (d) the F signed and sealed it on the name of the guarantor.
The Defendant, in collusion with D and F, forged a copy of “a letter of borrowing and performance” in the name of G, a private document concerning rights and obligations, as above, for the purpose of uttering.
2. On September 2, 2016, the Defendant filed a civil suit for a loan to the Incheon District Court civil petition office or G at the Incheon District Court civil petition office located in 163 Doo-ro 17, Nam-gu, Incheon, Nam-gu, Incheon, and the Defendant is only two times civil cases that may have been forged as above.