beta
(영문) 광주지방법원 2013.06.18 2013고정455

공정증서원본불실기재등

Text

The defendant shall be innocent.

Reasons

1. Around February 17, 2010, the Defendant: (a) at the D Office located in Gwangju-dong-gu, Gwangju-gu; and (b) despite having been delegated by the Defendant’s wife E with the preparation of a notarial deed in a monetary loan agreement on a claim of KRW 50 million against F company representative G, the Defendant acted as a creditor; and (c) the attorney H in charge of notarial acts as a creditor, who knows that fact, made the said G as a creditor, and completed the notarial deed in a monetary loan agreement of KRW 124, 2010.

Accordingly, the defendant stated false facts in the Notarial Deed of Money Loan for Consumption, which is the original copy of the Notarial Deed.

From the date of entry into the preceding paragraph, the Defendant had the said D Office keep a notarial deed stating false facts, and exercised it.

2. In order to establish the crime of false entry in the original of the notarial deed and the crime of uttering of the original of the notarial deed, it is necessary to recognize that false facts are entered by a false report. Thus, according to the evidence duly adopted and investigated by this court, E, the Defendant’s wife, was operating a singing room at the time of the instant case, but the Defendant was in charge of singing at night, and at night, E was in charge of singing, and the Defendant was in charge of singing room at night. On February 17, 2010, 200,000 won out of the price sold to the Busan Vice Director of Busan High Court, the Defendant’s account at the National Bank of Busan High Court to the JJ bank account, and 50 million won was transferred from February 17, 2010, and the Defendant prepared a notarial deed to secure the above claim, and the Defendant prepared the notarial deed as his obligee on February 17, 2010, and the Defendant and the obligee did not file the notarial deed with the obligee.