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(영문) 청주지방법원 2016.03.11 2015노972

공정증서원본불실기재등

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The defendant's appeal is dismissed.

Reasons

1. The facts charged in this case and the judgment of the court below are all rejected, and the facts charged in this case that the court below found the defendant and his defense counsel guilty are as follows.

From December 2010 to D Co., Ltd. (hereinafter “D”) operated by the Defendant (hereinafter “D”), the Defendant constructed Heung-gu E building at the time, and the amount of money not paid until April 2012 to the victim F Co., Ltd., which supplied concrete at the time, was 80 million won, and the amount not paid at the same time to the victim G who caused the steel construction work was 31 million won, and the amount of money not paid at the same time was 14 million won due to the victims H who caused the tin construction work. The Defendant continued to demand repayment from the victims F Co., Ltd., the victims of the instant building, on the basis of the joint and several surety claim against the victims, which was likely to have been subject to compulsory execution against the victims under Article 12 subparag. 1 and J. 201 on September 16, 2011.

Therefore, on April 19, 2012, the Defendant entered into a contract for the instant construction project (hereinafter “the instant construction project”) with Chungcheongnam-si and K New Airport (hereinafter “the Defendant”) on April 19, 2012, in order to avoid compulsory execution, such as seizure of the claim for construction cost, which is the only property of the Defendant from the creditors, such as Co., Ltd., F, G, and H, and to secure the construction cost at the construction site and the Defendant’s other creditors, the Defendant prepared a false fair deed stating L’s claim excessively different from the actual cost, and had the Defendant submitted the said fair deed to receive an order (e.g., bond L) for the claim for the construction cost against the Defendant’s loyalty.

On April 19, 2012, the Defendant was a notary public who was in the So-gu So-gu M on the Law Firm N on April 19, 2012, who was operated by the Defendant, bears the Defendant’s obligation of KRW 200 million to L, and has the obligation of KRW 1.7 billion.