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Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.
Reasons
Punishment of the crime
Defendant
A is a person who operates a real estate brokerage office under the trade name of "G real estate" in Seongbuk-gu Seoul, and Defendant B is a chief of the office of law firm H.
Defendant
A은 타인으로부터 서울 성북구 I 대지와 건물을 매수하고 싶다는 의뢰를 받고 위 부동산의 소유자를 수소문하던 중 소유주인 망 J의 나이가 100세가 넘어 사망하였을 것이라고 생각하고 위 부동산을 가로챌 수 있는 방법이 있는지 피고인 B에게 문의를 하였다.
As such, Defendant B arbitrarily prepared a false loan certificate issued in the name of the deceased as Defendant A as the creditor, and then filed a loan lawsuit based on this, and notified the method of acquiring the ownership of the real estate by the method of filing a request for auction of the said real estate by using a favorable judgment in favor of the winning court, Defendant B prepared a loan certificate in accordance with the loan certificate after ascertaining whether there was a detailed description on the loan certificate among the details of K’s financial transactions for which 10 years have not passed in consideration of the extinctive prescription of the claim. Defendant A consented thereto.
1. On February 3, 2014, Defendant A, in accordance with the foregoing conspiracy, stated as follows: “I, on the first day of February 2014, borrow money from the G Real Estate Office in blank with a tampial pen, “I, J: resident number (L) and K: resident number (M) with a tample, with the interest of KRW 2,000,000,000 as interest per month and with the end of every year.” On September 3, 2004, Defendant A signed “J” following his name.
Defendant A continued to borrow KRW 3,00,000 from the resident numbers (L:) and K: (i) to the resident numbers (M), and (ii) to repay the interest on KRW 3,000 to the end of each year. Defendant A entered “J on November 18, 2004” and signed “J” on the name side of that name.
As a result, the Defendants forged two copies of the loan certificates in the name of the J without authority for the purpose of exercising authority.
2. Defendant B, at that time, at the time of the event of the above investigation document, is the Defendant (J).