사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the substance of the grounds for appeal in advance, the sentence imposed by the court below (one year of imprisonment and two years of suspended execution) is too uneased and unreasonable.
2. Judgment ex officio (any entry in the original notarial deed and any use of the original notarial deed in the original judgment);
A. The summary of this part of the facts charged (1) around 14:00 on May 7, 2012, the Defendant: (a) at the law firm C office located in Ulsan-gu, Ulsan-gu, Seoul-do, that is, a real estate lease contract was forged; (b) however, the Defendant borrowed the forged real estate lease contract amounting to KRW 20 million as collateral and made a notarial deed of a monetary loan agreement whereby the Defendant transfers the same amount of claim to D by borrowing the forged real estate lease contract amounting to KRW 20 million.
Accordingly, the Defendant made a false report as above and made the Defendant enter false facts in the notarial deed as the original of the notarial deed.
(2) On June 12, 2012, the Defendant: (a) around 14:00, at a law firm C office located in Ulsan-gu, Ulsan-gu, Seoul-do, where the real estate lease contract was modified as stated in paragraph (4) of the judgment below; (b) however, the Defendant borrowed the modified real estate lease contract from the attorney-at-law in charge of authentication who knows such fact as above to transfer the equivalent amount of claim to I; and (c) made a notarial deed of a money loan agreement to lend the same amount of claim.
Accordingly, the Defendant made a false report as above and made the Defendant enter false facts in the notarial deed as the original of the notarial deed.
(3) The Defendant, at the time and place specified in paragraph (1), had the original of the notarial deed kept and exercised the said deed containing false facts.
(4) The Defendant, at the time and place specified in paragraph (2), had the original of the notarial deed kept, and exercised it.
C. The lower court’s determination is based on the evidence submitted by the prosecutor. This part of the facts charged.