However, the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

On February 28, 2014, the Defendant: (a) received KRW 100,000 from E in return for F performance in the office of “D Judicial scrivener” located in Seocho-gu Seoul, Seoul; (b) signed the “F” on the debt column of the contract for creating the right to collateral security without authority; and (c) signed the “F” on the column of delegation of power; and forged each of the contract for creating the right to collateral security and each of the delegation powers, which are private documents related to rights and obligations.

On the same day, the Defendant filed an application for registration of creation of a collateral security in the name of creditor G with respect to F-owned real estate under the above F-owned real estate in the Seoul Southern District Court registration division located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and exercised the same by delivering the forged collateral security agreement and the power of attorney as if they were duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Joint Defendant E’s legal statement;

1. Statement of the police statement related to G;

1. Court rulings (2014 Gohap 106749);

1. Court rulings (2015Na 2018785);

1. Court rulings (Joint 2014 Gohap 541);

1. A contract for creation of collateral security;

1. A certified copy of the relevant register;

1. Protocol of examination of the witness with respect to D (2014 Gohap 106749);

1. Court rulings (2015 Gohap 541800);

1. Statement of examination of the witness with respect to F (2015 High Court Decision 171) Applicable to statutes;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (interpreting each private document forgery and interpreting each private document forgery);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. 집행유예 형법 제 62조 제 1 항( 피고인이 고령이고 40년 전에 형사처벌을 받은 것 외에는 전과가 없는 점, 피고인이 공동 피고인 E의 꾐에 빠져 이 사건 범행을 저지른 것으로 보이는 점, 위조된 문서에 기반한 허위의 근저당권 설정 등기가 말소된 점, 피고인이 반성하는...