Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2015 Highest 828"
1. In the event that the Defendant borrowed KRW 20 million from B and fails to repay, he had the intention to forge a lease contract in order to pretend that there was a rental deposit to be transferred to B.
On March 21, 2012, the Defendant entered the name, address, resident registration number, and contact number of K in the column of the real estate lease contract form, which was brought by the real estate brokerage office around the following time: “J multi-household 402, J-type 402, Chungcheongnam-do, Chungcheongbuk-do, J-do, and the deposit and down payment column; “Acheon million won,” “K” from December 25, 2010 to December 25, 2012 in the rental term column; and marked the lessor’s signature in the lessor’s column, and marked K’s seal in advance.
As a result, the Defendant forged one copy of the lease agreement dated July 25, 201 in the name of K, a private document on rights and obligations for the purpose of uttering.
2. On March 22, 2012, the Defendant at the notary public M office located in Seo-gu Daejeon, Seo-gu, Daejeon: (a) drafted a notarial deed on a money loan contract with B; and (b) delivered a forged real estate lease contract as if it were duly formed to B, as stated in the above paragraph (1).
3. The Defendant borrowed KRW 20,00 from the victim B at the same place as the above paragraph 2, and delivered a forged real estate lease contract as mentioned in the above paragraph 1, and the Defendant provided the money to be recovered as security for the obligation of borrowed money, as if the money to be recovered was in excess of KRW 28 million.
However, the above real estate lease contract that the defendant delivered to the victim is forged, and the deposit in the above lease contract is not only more than 3 million won but also not more than 3 million won. The victim has no other property and has the ability to pay it even if he borrows money from the victim.