A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On June 7, 2010, the Defendant: (a) borrowed money of KRW 18 million from E from the D Licensed Real Estate Agent Office located in Yongsan-gu Seoul Metropolitan Government; and (b) demanded E to submit a document for loan; (c) for the purpose of exercising its authority, the Defendant forged one copy of the said G’s real estate lease agreement in the name of the said G, a private document stating that “A” and “D real estate G” are written in the column for the location of the real estate lease agreement without authority; (d) “Seoul Yongsan-gu F,” the deposit column; and (e) the special agreement column; and (e) the lessor’s agent column stating “A” and “D real estate G” and the broker column arbitrarily affixed his/her G seal to the name of the said G.

2. The Defendant: (a) delivered one copy of the real estate lease agreement in the name of G forged G to E at the time and place specified in the foregoing paragraph 1.; and (b) exercised it.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of witness G;

1. Certification of G production;

1. A written accusation prepared by the head of Yongsan-gu;

1. Application of Acts and subordinate statutes to a copy of real estate lease agreement;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion on Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the crime of forging documents is not established since the Defendant: (a) obtained H’s permission to lend a certificate of real estate agent from G and written the instant lease agreement; (b) thus, in borrowing KRW 18 million from E, the Defendant prepared the instant real estate lease agreement in lieu of the preparation of the monetary loan agreement, as alleged by the Defendant, is also recognized. Accordingly, as otherwise alleged by the Defendant, G is also a licensed real estate agent.