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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
1. On February 2013, the Defendant: (a) drafted a lease agreement on November 25, 2010 with respect to the lessor’s apartment B apartment B 204-dong, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul; (b) on November 25, 2010, the Defendant forged one copy of the lease agreement under the name of C, a private document on rights and duties, stating “C” in the resident registration number column, “E” and “E” and “C” in the resident registration number column; and (c) affixed the seal of C, a private document on the rights and duties of C, with the intention of using the seal of C, which was arbitrarily inscribed on his/her name.
2. On February 21, 2013, the Defendant loaned the thesis money to the victim I to offer the claim for the lease deposit amounting to KRW 75 million at H’s office located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, as security, to the victim I until May 21, 2013.
As seen above, when making a false statement, one copy of a lease contract in the name of forged C was delivered to the victim as if it was genuine.
However, the defendant did not have the intention or ability to provide the victim with the lease deposit claim amounting to KRW 75 million because the defendant entered into a lease agreement with C, a lessor, as a condition of KRW 5 million, monthly rent of KRW 600,000.
Nevertheless, on February 22, 2013, the Defendant: (a) by deceiving the victim as if the value of collateral was adequate based on the forged lease agreement as above; and (b) by taking over KRW 16,120,00 from the victim as a passbook under the name of the J as loan money; (c) KRW 25,55,700 from the passbook under the name of the Defendant on February 26, 2013; and (d) KRW 26,250,000 from the passbook under the name of the Defendant as the passbook under the same name of the Defendant on February 26, 2013.
Summary of Evidence
1. Each prosecutor's protocol of examination of the accused;
1. Statement of the police officer with I