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(영문) 대구지방법원 서부지원 2015.05.14 2015고단38

위증등

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 4, 2012, Defendant A, while operating a notarial deed manufacturing factory, borrowed KRW 150 million from Defendant B as business funds, and was unable to repay this, Defendant A registered as the representative director in the name of F Co., Ltd., a corporation established by E for the purpose of developing and selling factory sites on August 17, 2012.

Defendants, around November 26, 2013, at a law firm H office located in Songpa-gu Seoul Metropolitan Government, Defendant A, and Defendant A,

8. Around 17, Defendant A’s above debt is an individual debt of Defendant A, and there is no connection with Defendant F, and the Co., Ltd. F has not separately borrowed KRW 150 million from Defendant B, despite being aware that Defendant F had no separate loan from Defendant B, the Co., Ltd. requested an attorney-at-law in charge of authentication to prepare a notarial deed of monetary loan for consumption as if he had a debt of KRW 150 million against Defendant B, and the said I knew of the fact. The said I lent KRW 0 million to the debtor F on January 4, 2012 by the creditor B on December 15, 2013 and lent it to the debtor F and borrowed it by the debtor F on December 15, 2013. When the debtor F did not perform a monetary obligation, the debtor F Co., Ltd. prepared a notarial deed to the effect that there is no objection even if compulsory execution was conducted.

As a result, the Defendants conspired to make an attorney-at-law in charge of notarial services enter false facts in a notarial deed of a monetary loan for consumption (acceptance of compulsory execution).

2. On January 7, 2014, the Defendant filed an application for compulsory execution against eight parcels of land owned by Defendant B, such as the Gyeongbuk-gun Branch Branch of the Daegu District Court located in Yongsan-gu, Daegu District Court for compulsory execution on August 7, 2014, and the name of the said fact is known.