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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On May 3, 2012, the defrauded made a false statement to the effect that “E operated by the victim D” office operated by the victim D in Ansan-si, Ansan-si, the Defendant would have made a lot of profits in the future with the victim’s right to sell the entertainment room all over the country. If the Defendant borrowed money to B, he/she shall pay the money within five months from the date of borrowing, and the interest shall also be paid in six million won per month.”
However, in fact, although the defendant had produced money from other persons at the time, he was unable to repay the money due to the lack of sale of the game machine, and thus he was asked to repay his money from the victim, and even if he borrowed money from the victim because there was no particular profit or property other than the sale of the game machine, he did not have the intent or ability to repay the money.
Nevertheless, the Defendant, by deceiving the victim as above, received 100 million won from the victim via one bank passbook (Account Number:G) in the name of F, and 100 million won from the passbook (Account Number: I) in the name of H.
Accordingly, the defendant deceivings the victim and defrauds 200 million won in total.
2. Forgery of private documents;
A. On September 10, 2012, the Defendant, at the office of the Defendant, who was located in No. 208 of the J building in Ansan-si, stated, “I will, without authority, borrow the said amount and repay it up to October 3, 2012,” in the paper A4 without authority, for the purpose of exercising the right and duty, the Defendant forged the column for joint and several surety under the name of K, among the letter of loan, which is a private document on the rights and duties affixed by the seal of the Defendant and duties.
B. Around September 10, 2012, the Defendant, without authority, has a guarantor in borrowing a joint and several guarantee form, a single deposit of KRW 200,000 (200,000), creditors D, debtors, and the above amount from the obligor.