A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On February 20, 2020, the Defendant: (a) purchased the Gangseo-gu Seoul Building C from D with the purchase price of KRW 156 million; and (b) completed the registration for the transfer of ownership around March 10, 2020; (c) on February 14, 2020, E entered into a lease contract with D with the building on a deposit basis of KRW 156 million; and (d) the Defendant agreed to succeed to the lease contract between D and E; (c) however, even though the deposit amount to be returned to E who leased the building was merely KRW 10 million, the Defendant forged the lease contract and attempted to obtain a loan as security.

1. On March 5, 2020, the Defendant forged private documents: (a) requested a nameless person who is unaware of the fact to write a letter instead of the letter on the “G” restaurant operated by the Defendant, and requested the nameless person to write it on his/her own; and (b) made the nameless person to write his/her name on the “real estate lease contract paper” column using the pen on the “real estate lease contract paper; (c) “G Gangseo-gu Seoul Metropolitan Government building C”; (d) “one hundred million won fixed in the deposit column”; and (d) marked E’s name, resident registration number, and address in the lessee column; and (e) stamped voluntarily made on his/her name.

Accordingly, for the purpose of exercising, the Defendant forged one chapter of the real estate lease agreement in the name of E, a private document on rights and obligations.

2. Exercising the relevant investigation document;

A. On April 9, 2020, the Defendant filed a forged real estate lease agreement, as described in paragraph (1), with the Seoul Southern Southern District Court’s office located in Yeongdeungpo-gu Seoul Metropolitan Government (Seoul), for the purpose of obtaining the date of confirmation on the leased object under subparagraph C of the building B of Gangseo-gu Seoul, Gangseo-gu, Seoul, as described in paragraph (1), and exercised it as if it was duly formed.

B. On April 23, 2020, the Defendant committed around April 23, 2020 indicated in paragraph (1) to apply for a loan as security at a “I” lending office located in Gangnam-gu Seoul Metropolitan Government H around April 23, 2020, and at the Gangseo-gu Seoul Metropolitan Government Building C.