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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The Defendant is a person who operates a restaurant called “C” in Cheongju-si, Young-gu, Cheongju-si B.
On January 1, 2007, the Defendant made a false statement to the victim D on the ground that “if 150 million won is invested, 50 million won will be 10 million won of equity and 100 million won of security deposit will be transferred by changing the name of the lease contract with 50% of equity interest and 100 million won,” and around May 17, 2007, at the F notary public office located in Jung-gu Seoul Metropolitan Government E, the said victim would have entered into a partnership agreement with her friendly victim G, and the said victim would have shown the above C lease agreement with her 10 million won and 3.45 million won of security deposit.” The Defendant concluded the said agreement with her her friendly victim G, and the monthly 3.5 billion won of investment amount shall be 315 billion won of security deposit to be returned after the date on which the investment amount will be refunded, and the Defendant would have paid 2.2 million won of security deposit every month.”
However, at the time of operating a restaurant, the Defendant was unable to pay the wages and rents of the employees, and due to the failure to pay the rent, the security deposit was deducted from the security deposit and the security deposit remains more than KRW 40 million. Since the above lease contract was a forged contract that was voluntarily prepared by the Defendant, the Defendant did not have the intent or ability to return the money to the victims as KRW 100,000,000 or to pay the profits from the restaurant.
On March 28, 2007, the Defendant received KRW 50 million from the victim D to the bank account under the name of the Defendant on March 28, 2007. On May 17, 2007, one cashier’s checks issued on KRW 100 million, and was transferred from the victim G to the bank account under the name of the Defendant on July 9, 2007 for the same kind of business investment, respectively.
Accordingly, the defendant was provided property by deceiving each victims.
2. On May 17, 2007, the Defendant forged private documents on the paper of the real estate lease contract at the above 'C' restaurant.