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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On February 2, 2011, the fraud Defendant made a false statement to the effect that “The Defendant would repay money to the victim B within 2 to 3 months if he/she lends money because there is no living cost.”
However, in fact, the Defendant did not have any property at the time and did not have any income, so even if he borrowed money from the victim, there was no intention or ability to pay it.
Ultimately, the Defendant, as seen above, was issued KRW 16,30,000 from the victim to July 4, 2012, including 200,000 won cashier’s checks and cash KRW 2,00,000 from the victim’s position, by deceiving the victim as above, and then received KRW 16,30,000 from the victim for total nine times as indicated in the list of crimes in the attached list of crimes.
2. On July 4, 2012, the Defendant, who forged a private document, had the intent to forge the certificate of borrowing in the name of C and submit it to B, who was demanded by B to submit the certificate of borrowing from B as a security for the borrowed money.
After that, around July 5, 2012, the Defendant entered “C”, “E”, “E” in the resident registration number column, “E” in the loan amount column, “T million won (3,600,000)” in the loan amount column, “F on July 20, 2012” in the date of maturity, “F on July 5, 2012,” “C on the date of maturity”, “C on July 5, 2012,” and “C” in the debtor column, and affixed C seal without authority subsequent to the debtor’s name.
Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in C name, which is a private document on rights and obligations.
3. On July 5, 2014, the Defendant used the forged receipt to the victim, who was aware of the forgery, as seen above, as if it were a document duly formed.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A complaint;
1. Statement of account transactions to be submitted by the complainant; and