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(영문) 광주지방법원 순천지원 2015.09.25 2015고단914

사문서위조등

Text

Defendant

B shall be punished by a fine of KRW 7,000,000.

Defendant

B If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

B is a “G” travel worker in the F at Gyang-si, and Defendant A is a director of the above travel agency.

H A around September 19, 2008, around October 15, 2008, the sum of KRW 55 million was leased to Defendant A. However, on June 30, 2009, H received a payment order to pay the above KRW 55 million from the Gwangju District Court in the Mineyang-si court in Gwangju District Court on June 30, 2009 to Defendant A for the payment of the said KRW 55 million and the interest thereon (loan 2009j5444).

Defendant

On December 2, 2012, A prepared a false loan certificate stating that “A borrowed KRW 10 million from Defendant B on or around January 10, 2009,” without any specific property, with the exception of corporeal movables the market value of KRW 4.190,00,000, which is equivalent to 4.1,000, from H, there was no risk of being subject to compulsory execution against said corporeal movable property by Defendant B, and that “A borrowed KRW 10,000 from Defendant B on or around January 10, 209.” On January 9, 2013, at a law firm South-do office located at 1, 2013, at the time of the same month, A had the creditor of the Gwangju District Court, as Defendant B, and the debtor, conducted the said corporeal movable property upon obtaining a provisional disposition of prohibiting the transfer of possession.

Around June 26, 2013, H filed a lawsuit seeking the revocation of a fraudulent act against Defendant B (Seoul District Court 2013Kadan10844). Defendant B entered in the lawsuit seeking the revocation of the fraudulent act in question that Defendant B borrowed KRW 10 million from Defendant B on or around January 10, 2009, in the G travel agency office located in Mineyang-si F on or around August 23, 2013, and prepared a confirmation certificate stating that “Defendant B has obtained a confirmation of “convening gathering” by means of computer and received KRW 3 million at the time of winning a contract on extracted machines on October 2008, and now, at the end of 2013.”