A defendant shall be punished by imprisonment for not less than three 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.

Punishment of the crime

On October 14, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Ulsan District Court, and the judgment became final and conclusive on September 7, 2017.

1. When the Defendant’s credit card sales claim at a restaurant operated by the Defendant due to the Defendant’s debt to C was seized, the Defendant drafted a letter of repayment with the Defendant’s joint and several surety without the Defendant’s consent to seizure in order to release the seizure and received a letter of repayment with the Defendant’s joint and several surety and delivered it to C.

At around December 8, 2016, the Defendant stated in each letter of performance that “D, jointly and severally and severally, shall guarantee the repayment of the above obligation and shall be jointly and severally liable with the obligor,” without D’s consent or consent, from the F Judicial scrivener Office located in Ulsan-gu, Ulsan-gu, Seoul-gu, and signed D’s seal impression on the next page.

Accordingly, for the purpose of uttering, the Defendant forged a letter of performance in the name of D, a private document related to rights and obligations.

2. On December 12, 2016, the Defendant, at the law firm J office located in Ulsan-gu, Ulsan-gu, U.S., the Defendant presented the Chapter 1 of the forged Appellant, as described in paragraph 1, to K for an attorney-at-law in charge of notarial acts, and had him prepare a process certificate and exercise it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. All copies of the documents submitted by C in the course of civil litigation against the complainant (Evidence Record 145-154 pages)

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire into criminal history and the results of inquiry, and report on investigation (attached to the judgment, etc.);

1. The relevant Article of the Criminal Act and the fabrication of private documents on the choice of punishment: the exercise of a private document on the selection of punishment; Articles 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; the option of imprisonment with labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution (see, e.g., circumstances favorable to the following reasons for sentencing).