Text
Defendant
A and B shall be punished by imprisonment with prison labor for one year and six months, and by imprisonment with prison labor for ten months.
except that this judgment.
Reasons
Punishment of the crime
[Reference Facts] Defendant B borrowed approximately KRW 1.7 billion in total from around 2012 to around 2017 as business funds, but did not repay all the principal in addition to some interest, and Defendant B was requested from Defendant A to request Defendant B to set up a collateral security on the land owned by Defendant B, his mother, in December 2016.
Meanwhile, when Defendant A was unable to receive principal from Defendant B until 2019, Defendant A applied for a voluntary auction based on the foregoing right to collateral security and demanded to transfer ownership to part of the above land. Defendant B received Defendant A’s request in the absence of any other way to repay obligations due to the aggravation of business management. Defendant C performed the duties necessary for the transfer of ownership on the land owned by Defendant A on behalf of Defendant A.
[Criminal facts]
1. Defendant A and Defendant B
A. On December 29, 2016, the Defendants forged private documents did not obtain the consent of Defendant B, the mother of Defendant B, who was dementia in the Seo-gu building, Seo-gu, Daejeon, and the G Certified Judicial Scriveners Office located in F, on which December 29, 2016, and had the said G affix the said D seal prepared in advance by Defendant B to secure Defendant B’s obligations against Defendant B, with respect to Daejeon Pung-gu, Daejeon-gu, Daejeon-gu, the land owned by the said D, and the amount of KRW 1,974 square meters prior to I,286, in order to secure Defendant B’s obligations against Defendant A.
As a result, the Defendants conspired to exercise their rights and obligations, each of the above D's agreement for the establishment of the right to collateral security and power of attorney.