A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2014 Highest 1145]

1. On January 11, 2013, the fraud Defendant stated to the effect that “E” operated by the victim D in Jinju-si, Jin-si, that “A” with approximately KRW 7 million debt owed to the Defendant means that “A victim who was liable for the Defendant shall receive the credit, whether it would be able to receive the credit amount of KRW 10 million, with a certificate of personal seal impression and a certificate of loan, and have it available to the Defendant. Whether it is necessary to receive the credit amount, and whether it is necessary to obtain the credit amount, and to affix his signature on the delegation column of power.”

However, at the time, when the defendant was refused to accept the authentication of the borrowed money from the victim, the defendant planned to prepare a notarial deed on his own borrowed money after obtaining a certificate of personal seal impression and proxy from the victim. At the time, the defendant's dynamics did not have the ability to pay the borrowed money to the victim due to the failure to pay the borrowed money by some members of the fraternity, and therefore, the defendant did not have the intent or ability to pay the borrowed money to the victim.

The Defendant, as such, by deceiving the victim, received a certificate of personal seal impression and power of attorney from the victim.

2. On January 22, 2013, the Defendant of the forgery of private documents and the uttering of the aforementioned investigation documents at the “H notarial office located in G in J in J in Jinju,” without obtaining the said D’s consent for the purpose of uttering, in order to notarized the claims against the said D, and without obtaining the said D’s consent. In addition to the “1. gold:0 million won,” the power of attorney delivered as described in the above paragraph (1), as stated in the foregoing paragraph (1), using the official seal form on the letter of attorney, “A, Jinju, I”, “I on January 14, 2013”, “on the date of borrowing”, “on March 14, 2013”, “25% per annum, monthly 14, and interest interest column”, “the maximum amount of money,” “one million won per annum,” and “one year’s rights and obligations,” and the title of the power of attorney, “one of the said documents” is forged.