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A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
1. At around 17:00 on September 21, 2007, the Defendant: (a) lent KRW 120,000,000 to the victim E in the “D” restaurant operated by the Defendant on the first floor of the Gangnam-gu Seoul Metropolitan C building; (b) leased KRW 30,000,000 each day to the victim E; (c) operated the D restaurant in the name of Dong resident F by leasing KRW 30,000,000; and (d) granted a real estate lease agreement on the said restaurant as collateral.
However, in fact, the defendant already delivered the original of the lease contract to another creditor, and the defendant arbitrarily forged the lease contract that was delivered to the victim, and the restaurant operated by the defendant did not have the intention or ability to complete payment even if he borrowed money from the victim because he did not dismiss the enemy.
Nevertheless, the defendant acquired 10,000,000 won from the victim's place and acquired it by fraud.
2. At around 17:00 on September 28, 2007, the Defendant: (a) lent KRW 10,000,000 to the victim E in the “H” restaurant operated by the Defendant on the first floor of the Gangnam-gu Seoul Metropolitan Government G Building; (b) lent KRW 120,000,000 each day to the victim E; (c) leased KRW 30,000,000 to the same resident and operated the restaurant in the name of the same resident, and (d) granted a real estate lease contract for the said restaurant as collateral.
However, in fact, the defendant already delivered the original of the lease contract to another creditor, and the defendant arbitrarily forged the lease contract that was delivered to the victim, and the restaurant operated by the defendant did not have the intention or ability to complete payment even if he borrowed money from the victim because he did not dismiss the enemy.
Nevertheless, the defendant is worth KRW 10,000,000 from the victim's place.