Text
A defendant shall be punished by imprisonment for a term of one year and eight months.
Seized evidence shall be confiscated from the accused.
(e).
Reasons
Punishment of the crime
[2014 Highest 4853]
1. Around October 12, 2010, the fraud Defendant: (a) received from the F&C office of the F&C operated by the Defendant located in Busan, Busan, the Defendant made a false statement to the effect that “The F&C will purchase the price, and thereby, succeed to the de facto loan of KRW 5.7 million and contribute to the amount of KRW 400 million.” (b) On October 18, 201, the Defendant would invest the remainder of KRW 3.330 million in the investment. In addition, on the one hand, the purchase price will be registered in the future, but if the party wishes, the transfer registration will be made in proportion to the shares of the investment.” (c) On October 18, 2010, the Defendant prepared the above written agreement to the effect that it will be made in the said place and issued it to the victim.
However, at the time, the Defendant did not have any intent or ability to invest in money in addition to succeeding to the existing loan of the seller in relation to the above project, and the Defendant was well aware that in order to succeed to the above loan, he would have to trust the purchase price to the lending bank. Therefore, even if he received money from the victim, he did not have any intention or ability to transfer the share of the purchase price to the purchaser.
On October 12, 2010, the Defendant received 50 million won as a check on October 18, 2010 and 169,000,000 won as a check around October 18, 201.
Accordingly, the defendant was given property by deceiving the victim.
2. On September 2013, the Defendant forged a private document under the name of the commercial seller, and the uttering of a private document was filed by C and D with regard to paragraph (1) and was investigated by the Busan Northern Police Station, to forge and submit evidential materials regarding the Defendant’s assertion while being investigated by C and D.
On November 5, 2013, the defendant of the forgery of the agreement shall use the computer in the defendant's office located in the Dong-gu Gtel in Busan Metropolitan City on the title "Agreement" and the location "sisan City".