A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[2017 Highest 433]

1. On June 14, 2016, the Defendant entered into a lease contract with the victim G at the request of F, the owner of the building E in Gyeyang-si, Yangsan-si at the C Authorized Broker Office located in Yangsan-si, and the victim stated that “The D building E shall be the deposit amount of KRW 45 million and the monthly rent of KRW 300,000 shall be the contract.”

However, even though the defendant was entrusted by the above F with the lease of 20 million won monthly deposit with the above E on condition that he will receive 500,000 won, the defendant received the high deposit from the lessee who is the tenant and used it individually, and made such false statement as above, and delivered the deposit normally to the owner of the house, or did not have any intention or ability to return the full amount of the deposit received by the victim at the time of the completion of the lease contract.

As above, the Defendant: (a) by deceiving the victim; (b) granted KRW 45 million from the victim on the same day under the name of the deposit; and (c) delivered KRW 20 million to F under the name of the deposit; and (d) acquired the remainder KRW 25 million.

2. The Defendant, at the time and place specified in the foregoing paragraph 1, stated in the document that “The real estate (studio) is the KRW KRW 0,000,000,0000,0000,0000,00000,0000,0000,00000,0000,0000,0000,0000,000,000,000,000,000,000,000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,000,000,000

Accordingly, for the purpose of uttering, the Defendant forged a “real estate (studio) global medicine” in the name of G, a private document on rights and obligations, and exercised the forged document.

[2017 Highest 4533] Defendant on September 12, 2016