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(영문) 대구지방법원 2020.11.20 2020노1300

사기미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the facts charged

A. On December 11, 2017, the Defendant had resigned from the intra-company director company B on December 11, 2017, and B did not have any obligation to D Co., Ltd.

Nevertheless, on February 2, 2018, the Defendant: (a) had a notary public belonging to the Daegu E-gu District Public Prosecutor’s Office, in F, enter the facts of mistake in the original notarial deed into an authentic deed by having the attorney-at-law in charge of authentication G, who is aware of the fact in F, “creditor D”; (b) the debtor and creditor’s agent B (principal) director A; and (c) the debtor, on November 30, 2017, shall approve the fact that he/she assumed the amount of KRW 900 million from the creditor’s purchase price; and (d) the creditor, who has promised to repay the debt pursuant to this contract clause and approved it.”

B. The Defendant had the Defendant keep the original of a notarial deed stating false facts, at the time and place specified in paragraph (1), as stated in paragraph (1), and exercised it.

C. On May 4, 2018, the Defendant attempted to commit fraud: (a) stated in the Daejeon District Court Branch of the Daejeon District Court located in 99, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, the amount equivalent to KRW 900,000,000 per annum from February 11, 2018 to the date of full payment; (b) stated the amount equivalent to KRW 25% per annum from February 11, 2018 to the date of full payment; and (c) the notary public belonging to the Daegu District Public Prosecutor’s Office against the obligor of the obligee of the Daegu District Public Prosecutor’s Office on February 2, 2018 as the original notarial Deed with executory power (No. 34, 2018), and filed an application for real estate auction for the land for a factory, etc. owned by C.

However, the trade name was changed to B Co., Ltd. on May 23, 2017, and the trade name was changed to C again on March 8, 2018.