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(영문) 수원지방법원 2013.06.19 2012고단5220

위증

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to one year of imprisonment with prison labor and two years of imprisonment with prison labor at the Suwon District Court for the crime of forging securities, etc., and the judgment became final and conclusive on November 10, 201, and on October 11, 2012, the Defendant was sentenced to four months of imprisonment with prison labor at the Suwon District Court for a violation of the Game Industry Promotion Act and the said sentence became final and conclusive on February 7, 2013.

The Defendant, from February 2003, engaged in a partnership with C, and carried out a new construction of H multi-household house in the name of D and E, who is the buyer of C and the Defendant, at the Seoul Mapo-gu Seoul Metropolitan Government F and G on the land. On November 28, 2003, the Defendant borrowed the above H as collateral and paid KRW 30 million among them to C as the said H construction cost. Under D’s joint and several guarantee, the Defendant borrowed KRW 70 million in the name of E, but used it without paying KRW 30 million to C.

Accordingly, upon request of C for the payment of the above H construction cost, the Defendant, on December 3, 2003, issued a receipt under the name of D with the content that “A received a loan-related document, certificate of personal seal impression, etc. from D, and received KRW 26 million from D,” and transferred KRW 22 million to C’s Han Bank account in the name of K on the same day.

At the time, the Defendant issued the receipt in the above name D, and received D’s signature and seal on the letter of delegation in blank, while, in order for D to manipulate as if D borrowed KRW 26 million from the above K with the fact that D borrowed the above letter of seal imprint, etc., it forged a receipt in the name of D as of December 3, 2003 with the purport of delegation that D borrowed KRW 26 million as of June 30, 2004. The Defendant forged a receipt in the name of D on December 3, 2003, with the purport of delegation that D borrowed and paid the above H to C on the letter of delegation prepared as collateral.