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(영문) 부산지방법원 2017.08.09 2017고단2133

공정증서원본불실기재등

Text

Defendant

A Imprisonment with prison labor for ten months, each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A is a person who works for day duty, and Defendant B is a person who has no certain occupation.

On October 8, 2013, the Defendants prepared a false notarized document using the fact that the victim Eul lent approximately KRW 300 million to the father H and H of the defendant Eul in order to escape the application for compulsory auction of the apartment land owned by the defendant Eul to "F apartment 103 Do 2401, 2401, the Busan District Court 201, Gohap 18393, pursuant to the mediation decision of the Busan District Court 18393, the principal and interest claim of the apartment land owned by the defendant Eul, and the defendant Eul loaned approximately KRW 300,000 to the defendant Eul's father H and I, and conspired to apply for dividend in the case of compulsory auction of the real estate

1. On December 10, 2013, the Defendants conspired with the Defendants to engage in the re-performance of the original copy of the process deed, and on December 10, 2013, a notary public belonging to the Busan District Public Prosecutors' Office located in the fourth floor of the Busan District Public Prosecutors' Office (1490-3, 1490-3, Busan District Public Prosecutors' Office) of the Busan District Public Prosecutors' Office (200 million won) borrowed 300 million won to Defendant A, the notary public J, who knows such fact, did not know that Defendant B borrowed 300 million won to the obligor (A), and the obligor borrowed this regularly.

By December 13, 2013, an order was issued to the effect that the payment shall be made by December 13, 2013, with 24% per annum, and each payment shall be made on the 25th day of each month, with executory power over false loan claims.

Accordingly, the Defendants conspired to prepare the original copy of a false deed.

2. On December 18, 2013, the Defendants conspired to commit the principal of the notarial deed, and at the Busan District Court civil petition office located in the Doo-dong-gu Busan Metropolitan City on December 18, 2013, the Defendants submitted the original of the notarial deed prepared in falsity to an employee who is unaware of the circumstances, and exercised it.

3. The Defendants conspired to commit the crime of escaping from compulsory execution, and the above apartment owned by Defendant A at the temporary place under the above paragraph (2).