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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[Criminal Power] On October 4, 2019, the Defendant was sentenced to ten months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on December 21 of the same year.
【Criminal Facts】
In addition to the existing loans of KRW 80,000,000 from B, the Defendant used additional loans of KRW 20,000,000 to raise C, who was a legal spouse, as a joint guarantor.
1. Around August 9, 2017, the Defendant forged a private document, or uttering of a falsified document, made use of a pen to the Elaw firm office located in the second floor of the building in Yangcheon-gu Seoul Metropolitan Government, and submitted to the mandatory column “A”, “B” to the creditor column, “A” to the debtor column, “C” to the amount column, “C” to the joint guarantor column, “C” to the amount column, and “C” to the delegating column, “1 January 31, 2018,” and “C” to the delegating column, and then put the seal of C prepared and kept in advance to the name next to the mandator’s name, and without knowing that it is true, submitted to the K-at-law attorney in charge of authentication belonging to the said corporation as if they were duly formed.
Accordingly, for the purpose of uttering, the defendant forged and exercised a letter of delegation, which is a private document on rights and obligations without authority.
2. The Defendant made false entry in the authentic copy of the authentic deed, and the fact at the same time and at the same place as that of paragraph (1) that the Defendant did not obtain from C the consent or delegation from C to become a joint guarantor for the Defendant’s obligations to the Defendant, and submitted the forged power of attorney-at-law as if he had obtained the consent of the E-law-at-law-law-at-law-law-at-law-law-law-at-law in charge of the authentication-law-at-law in charge of the authentication-law-at-law in charge of the authentication
In this respect, the defendant made a false report to a notary public so that he prepared the original notarial deed and exercised it.