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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On June 12, 201, at the E office operated by the Defendant located in the first floor of the building in Gangnam-gu Seoul Metropolitan Government, the Defendant forged private document documents, stating in the column of the deposit money, “Meo Man (50,000,000),” “Meo Man (50,000), four floors, F, G of the D Building in Seoul Metropolitan City, Seoul, and lessee column “Seoul H apartment-gu 202-802, I, and B (former name prior to the name of the Defendant)” in the lessee column, and affixed the G seal with the name of the lessor in advance.
Accordingly, the Defendant forged the real estate lease contract in the name of G, which is a private document related to rights and obligations, for the purpose of exercising in collusion with one another C.
2. On June 27, 201, the Defendant: (a) in collusion with one another, borrowed money from the J that knew of the forgery at the E office located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) delivered the forged real estate lease contract to J as if it was duly formed.
3. In collusion with one another, the Defendant concluded that “The principal and interest will be repaid two months after the loan of KRW 20 million to the victimJ at the time and place specified in paragraph 2,” and concluded that the Defendant was duly formed by delivering a forged real estate lease agreement as above.
However, in fact, even if the defendant borrowed money from the victim with the amount of KRW 200 million at the time, he did not have the intent or ability to repay within the fixed period, and the above real estate lease contract was forged.
In collusion with one-person C, the defendant deceivings the victim as such and received 20 million won on the same day from the victim, thereby deceiving the victim.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Examination protocol of the accused by prosecution;
1. Statement to J police officers;
1. (Counterfeited Real Estate Lease Contract).