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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On May 12, 2015, the Defendant forged private documents: “Around May 12, 2015, at D text stores located in Cheongju-si, Cheongju-si, a real estate (commercial buildings) global medicine page using a computer and an official approval screen pen to the column of the terms and conditions of the contract”; “The lease period shall be delivered to the lessee by May 12, 2015, and the lease period shall be from the date of delivery until September 30, 2019 (52 months)”; and the lessor’s name shall be stamped back to the name of the said E.
Accordingly, for the purpose of uttering, the Defendant forged a title of real estate(commercial buildings) in the name of E, a private document on rights and obligations.
2. The Defendant exercised the aforementioned investigation document as if it was a document duly formed with a forged real estate (commercial buildings) global medicine, which was forged to F, at the time, at a place specified in the said paragraph.
3. Around October 2015, the Defendant made an investment with the Victim F, and as such, made an operation of a restaurant in the Cheongju-si G at the Cheongju-si city. Around October 2015, the Defendant: (a) received delivery from the victim’s bank account (H) through a bank account in the name of the victim, where the amount of KRW 30 million invested by the victim was deposited; and (b) kept in custody to use it for the cafeteria.
After that, on October 7, 2015, the defendant lent 72 million won from I to the above account with the defendant's investment funds.
The contents of this part are not originally charged with the facts of embezzlement, but it is necessary to clarify the embezzlement of the defendant in the relationship of the same business, and it is judged that there is sufficient argument and examination of evidence on the part of the defendant and there is no hindrance to guaranteeing the defendant's right to defense.
The Defendant, while keeping funds deposited in the victim’s account as above, is aware of it from the above account around October 22, 2015.