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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant borrowed a total of KRW 20 million from C and demanded D to obtain a guarantee from D, a lessor of a store operated by the Defendant, and requested D to prepare an implementation note, which was rejected, the Defendant forged a performance note in the name of D and received a letter to offer it as a security.
At around May 18, 2013, the Defendant: (a) stated that “F, who is aware of the above facts, shall pay in writing, in writing, in writing, D; and D, in writing, borrowed gold from A (G) this C to KRW 0 million (20,00,000) by May 18, 2015, as the principal owner of the store A; and (b) stated that “D, as the principal owner of the store, shall pay in writing, in writing, in writing; and (c) written signature under its supervision, in writing, in writing, in the form of D (A) 4 using a shot-type grof.; and (d) if D (G) fails to pay by May 18, 2015 (20,000).”
Accordingly, for the purpose of uttering, the Defendant forged a letter of performance under D, a private document related to rights and obligations.
2. On May 18, 2013, the Defendant: (a) borrowed KRW 20 million from C, who knew of the forgery at the I convenience store operated by the Defendant at Dongducheon-si H; and (b) exercised the forged performance document as if the completion was genuine.
3. As the Defendant offered the letter of performance in the name of D which he/she forged as a collateral and failed to pay KRW 20 million borrowed from C by the due date ( May 18, 2015), C applied for a payment order against the Defendant and D on June 12, 2015, and C knew of the forgery of the said letter of performance under his/her name, thereby filing a complaint with the Defendant and C for the crime of forging a private document and copying the said document, and the Defendant was willing to file a complaint with C as if he/she forged the said letter of performance.
The defendant on July 16, 2015.