beta
(영문) 대전지방법원 천안지원 2012.08.08 2011고합220

사문서위조등

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On October 2, 2009, the Defendant was the representative director of the Defendant Company D (hereinafter “Defendant Company”) who had been working for the Defendant Company as the representative director of the Defendant Company, and on January 2, 2008, the Defendant agreed to provide real estate between the Defendant Company and the Victim E (hereinafter “victim Company”) as collateral in order to continue to be supplied with goods for the amount of KRW 3,199,05,082, due to the default of transaction partners, etc. in the course of receiving goods from the Victim E Co., Ltd. (hereinafter “victim”) from around the end of 2008.

Accordingly, around the first half of the year of 2009, the Defendant purchased the land F, G, H, and I in Gyeonggi-do (hereinafter “Gamp land 1”) under the name of the J, which is the employee of the Defendant company, Gyeonggi-do, H, L, and M (hereinafter “Gam 2”) in the name of the Defendant’s wife N, and the land outside the Guro-gu Seoul (hereinafter “O land”) in the name of the Defendant’s wife N, and the land outside the Guro-gu Seoul (hereinafter “O land”) in the name of J, which is the employee of the Defendant company, in the name of the Defendant company, the Incheon Gyeyang-gu P, Q, and the land under the name of the Defendant company.

After purchasing the above real estate, the Defendant requested the Vice-Governor of the R&D Corporation to appraise the above real estate for the appraisal of the collateral value, and the result is as follows.

[Ap. 1] Appraisal Value: The amount of prior collateral security established by other creditors (transfer of appraisal): 561,60,000 won (after appraisal): the total amount of creation of prior collateral security provided to the victim company: 1,700,000 won: 519,320,000 won [Ap. 2] Values: 567,751,000 won (transfer of appraisal): The amount of prior priority established by other creditors: the amount of prior priority established by means of a collateral security provided to the victim company: 1,70,000,000 won: the total amount of creation of prior priority established by means of a collateral security exceeding the appraised value: 1,70,000,000 won: < Amended by Presidential Decree No. 1, Dec. 4, 2000; Presidential Decree No. 1, 2004, Feb. 1, 2000>