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Defendant
A Imprisonment of 10 months, and Defendant B shall be punished by a fine of 5,000,000 won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A is the representative director of E Co., Ltd. (hereinafter “instant company”), and Defendant B served as the employee of the said company from May 7, 2008 to October 30, 2013. The Defendants, at the Government District Court around September 2, 2011, decided to recommend settlement that the said company pay the victim Unk system Co., Ltd. with the payment of KRW 35,50,000 to the victim Unk system until December 31, 201, and the victim would have to initiate the compulsory execution procedure against the Dobong-gu Office of Dobong-gu. As such, Defendant B would have pretended that the above company had a claim equivalent to KRW 300,000,000 of the construction price to the Dobong-gu Office of the said company.
1. The Defendants were false entry in the authentic copy of a notarial deed, and the Defendants’ evasion of compulsory execution, even though Defendant B did not have any claim equivalent to KRW 300 million in the above company, on December 15, 201, with the aim of evading compulsory execution, the Defendants stated “B” amount in the column of “B” amount in the name column of the book of promissory note kept in the first floor of the F building in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), “Seoul Gangnam-gu H” and “E (main representative director) A” in the address column and “B” on November 30, 2011, with the intention of evading compulsory execution, the said G made the said company bear false debt by affixing the name of the issuer E (ju), B, the amount of KRW 300,00,00,000, and the date of issuance, and made the said G enter the original of a notarial deed in the notarial deed by means of false entry on November 30, 2011.
2. On March 21, 2012, the Defendants’ exercise of the original notarial deed by fraud, attempted fraud, and false entry into the original notarial deed was conducted by the Seoul Central District Court by creating a promissory note as if the Defendants conspired to assume false obligations, and Defendant B’s claim against the said company.