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(영문) 대전지방법원 2013.07.17 2012고단4502

공정증서원본불실기재등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant lent 200 million won to the F who operated the Company E upon D’s request, and approximately KRW 600 million was lent to D several times, but D failed to repay the above money borrowed from the Defendant due to D’s lack of ability to repay, the Defendant conspired with the said D to create a notarial deed or a loan certificate with the said E having capacity to repay.

On August 12, 2010, the Defendant entered in the authentic copy of a notarial deed in D, together with the foregoing D, to a notary public I in H within the Seo-gu Daejeon District of Seo-gu Daejeon, Seo-gu, Daejeon, as “A”, “E, F” in the debtor column, and “D” in the debtor column, the Defendant recognized that the obligation owed to the creditor as of August 12, 2010 is KRW 450,000,000, and the obligee filed an application with the obligee to repay the obligation in accordance with each of the following provisions, and the obligee recognized it, “10,000,000 won on August 19, 2010,” and “10,000 won on the date and method due:

2.No 50,000,000 won on August 23, 2010;

3. 30,000,000 Won on August 30, 2010;

4.No 10,000,000 Won on September 10, 2010;

5.No 300,000,000 won on September 11, 2010;

6. The interest rate of KRW 10,000,000 per annum on October 10, 2010 shall be set at 30% per annum, and shall be paid on the 10th of each month;

“The content was written in the authentic copy of the notarial deed of a loan for consumption for debt(quasi-loan for consumption).

However, there is no fact that E borrows money from A, and there is no fact that the defendant or the above D received any delegation from the defendant or the above D with respect to the preparation of the above Notarial Deed, but the defendant made the defendant enter the above fact of insolvency without the consent of E in order to recover the money borrowed from D.

In collusion with the above D, the Defendant entered false facts in a notarial deed(Quasi-Loan for Consumption) agreement (Evidence No. 8155, 2010), the original copy of notarial deed, as above, in collusion with the above D.

B. The Defendant’s exercise of the original notarial deed does not exceed the notarial deed prepared as stated in the preceding paragraph.