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(영문) 대전지방법원 2017.07.13 2016고정1501
공정증서원본불실기재
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around July 20, 2015, the Defendant is anticipated to receive the right to sell the land for livelihood countermeasures from the relevant Urban Development Corporation, if the head of the Daejeon Seo-gu E livestock farm in his/her name is expropriated in the Urban Development Corporation. As such, the Defendant agreed to transfer the status of the adoption of the land for livelihood countermeasures to a third party at KRW 25 million and then provide D with the down payment of KRW 5 million, and finally, in accordance with the said contract, remitted the balance of KRW 20 million to the account in the name of F, which is the seat of D, around January 22, 2016, and thereafter, D failed to receive the balance of KRW 20 million from F and D due to a dispute between F and D.

The Defendant was aware of the fact that D had not received any remainder of KRW 20 million from F, and that he did not receive any remainder of KRW 5 million from D on July 20, 2015, on the ground that he did not receive any refund of the down payment paid on July 20, 2015.

G had the mind to transfer the status of the two parties to the above D.

Although the Defendant did not have entrusted D with the acceptance of a fair deed in order to secure the performance of the contract for the transfer of the right to purchase lots to G and H, and even I, the husband of D, entrusted D with the acceptance of the fair deed with the joint and several guarantee of D, the Defendant, on March 7, 2016, issued the power of attorney and a certificate of seal impression received from D before D to G on March 7, 2016, and required G to submit the said power of attorney and certificate of seal impression to the employees of the notary office located in the Daejeon-gu Daejeon District Court on March 7, 2016, submitted the said certificate of attorney and the certificate of seal impression to K to the notary public who may know of the fact, and borrowed KRW 60 million from G and H while offering the right to purchase lots of land for countermeasures against D as security, and jointly and severally guaranteed the debt of the above borrowed money by I, the husband of D, the principal of the original deed, by making a false document to the effect that “.”

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the witness F;

1. Each legal statement of witness D and I;

1. A process deed;

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