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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The defendant is the victim C(42) and the high school, and is the person who operates the D franchise store.
1. On May 19, 2014, the Defendant, in F, operated by the Defendant located in Suwon-gu E on May 19, 2014, takes part of the profits that the Defendant would be able to purchase the other in advance and then gain profits from the sale.
The phrase “a loan of KRW 5,000,000” was false.
However, the defendant had no intention or ability to pay the money of the victim to use the defendant's existing debt repayment and cost of living even if he/she borrows money from the damaged party who bears about KRW 100 million or more debts as the above place of business is operated as the enemy at the time.
As above, the Defendant, as well as to receive KRW 5,00,000 from the injured party to the Daegu Bank account (G) in the name of the Defendant for business funds, by deceiving the injured party as above, and then received KRW 189,00,000 from that time for business funds by the time on January 29, 2016, as shown in the list of crimes attached hereto, from that time.
2. On May 31, 2014, the Defendant drafted a letter of borrowing money for the purpose of borrowing KRW 100 million from the Defendant’s located in Daegu Northern-gu, Daegu-gu, with a view to borrowing KRW 100 million from C, and signed and sealed the Defendant’s wife J’s name and address, resident number, etc. in the column of the joint and several guarantors, and affixed a seal arbitrarily affixed to the Defendant’s name.
Around that time, the Defendant conspiredd with C who did not know of such circumstances as having been actually formed.
Accordingly, the Defendant forged and exercised one copy of the joint guarantee certificate in the name of J, which is a private document on rights and obligations.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A description of a borrowed instrument, certificate, forged money borrowed, each account description, and a written message statement;
1. Each investigation report (a suspect.