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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On November 25, 2011, the Defendant was sentenced to a suspended sentence of two years in the Seoul Southern District Court for the commission of forging Private Document, etc., and the said judgment became final and conclusive on December 3, 201.
【Criminal Facts】
1. Around January 10, 2007, the Defendant: (a) stated in the lease contract printed with Y-type Y-type in the Defendant’s office located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) stated that “The location: D2 floor, deposit:0 million won, E: Lessee: lessee; and (c) forged one copy of the lease contract under the name of E, which is a private document on rights and duties, for the purpose of exercising a prior seal affixed to the E’s name, and used the forged lease contract under the name of E, which is a private document on rights and duties; and (b) around February 18, 201, the Defendant borrowed money from F that he/she was aware of the forgery in the Goyang-dong-gu, Yongsan-gu, Yongsan-gu, Seoul; and (d) delivered it to F as if he/she was a document duly formed with the forged lease contract under the name of F.
2. On February 18, 201, the defrauded presented a forged lease agreement to the victim F as referred to in the above 1. The Defendant concluded that “If he/she lends 40 million won to the victim F at the cost of actual purchase, he/she will offer a security deposit, and the maturity date shall be February 17, 2014, and the interest shall be repaid at 1.9% per month on 18% per month.”
However, in fact, the above lease contract presented by the defendant was forged by the defendant, and there was no idea to use the money borrowed from the victim as a purchase cost of fakes. Even if the performance of the defendant's business was poor to make profits at the time, there was no intention or ability to pay the borrowed principal and interest to the victim.
Nevertheless, the defendant deceivings the victim as above.