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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The Defendant “B” leased and operated the restaurant, and the lessee leased the said restaurant in the form of a deposit of KRW 3 million, monthly rent of KRW 600,000,000 from C, but there was no deposit to be recovered due to the delayed payment of monthly rent.
The defendant prepared a false lease contract as if he directly leased the above restaurant from the building owner D, and suggested the lease contract to pay money to the victim E.
1. Although the Defendant, on August 8, 2012, did not have prepared a lease agreement with the owner of a building at “B” restaurant located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant forged a lease agreement under the name of D by stating that “F, land, single floor slab Group B,” in the indication column of real estate in the land for a pre-preparation lease agreement, “one million won,” in the column of the deposit,” “one million won,” on the contract date,” and stating “D” on the contract date, “F, land, single floor slab Group B,” and “D” on the part of the owner of a building.
2. On August 11, 2012, the Defendant: (a) presented a forged lease agreement to the victim E, who is unaware of such forgery, as in the “I restaurant in front of the Hmiddle School located in Suwon-gu G, Suwon-si; and (b) presented it to the victim E, as in the document duly formed as in the foregoing paragraph (1).
3. The Defendant, at the same time and place as set forth in the above paragraph (2) above, made a false statement to the victim E, stating that “A deposit in F run in Korea is five million won, which would be repaid within three months if he/she borrowed money.”
However, the defendant did not conclude a lease contract with D, the owner of the building, so it was suggested to the victim by forging the lease contract under the name of D, and the deposit that the defendant paid to C is due to the delayed payment of monthly rent.