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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant was a person who actually operated the Dong-gu building B and D in Ansan-si, and the victim E was aware of while entering into a contract with F Co., Ltd. working for the victim E to build a new building in Pyeongtaek-do.
1. Around July 13, 2017, the defrauded entered into a contract with the land owner with the victim E (the age of 46) by developing the land of this case (hereinafter “the land of this case”) at the said D office, stating that the land owner’s additional payments are changed. In order to obtain a written consent for land use, the Defendant falsely stated that “The amount of KRW 25 million is insufficient to lend money.”
However, even if the defendant borrowed money to the victim, he did not have any intention or ability to receive a written consent to the land use.
Nevertheless, the Defendant, as such, by deceiving the victim as such, received 25,000,000 won from the victim as the borrowed money from July 14, 2017 to the Defendant’s I Association account (J).
2. On July 25, 2017, the Defendant forged a private document: (a) on the last upper part of the D office in blank without authority and without authorization, “K”; (b) on the buyer column, “A”; (c) on the buyer column, “H (3,150 square meters); and (d) on the contract price column in Gangwon-do, “Fuwon-gun (1,750,000,000)”; (c) on the received amount column, “one hundred and fifty million won (50,000,000)”; and (d) on the content column, “The seller’s receipt of the contract price in two hundred and fifty million won (1,750,000,0000,000) on the date of the purchase agreement of the said site for the business; and (d) on the date of the buyer’s receipt in two and seventy (50,000,000) on the same date; and (e) on two and seventy (7) years (7) on the receipt date of the receipt column.