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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On December 4, 2012, the Defendant: (a) lent KRW 4.8 million to B; (b) prepared and requested a letter of delegation necessary for the authentication of the said loan; and (c) presented to B a letter of delegation with the content of the obligee, obligor, amount of debt, cause and date of occurrence of debt, date of repayment, method of repayment, etc. to B; and (d) signed and sealed the said letter of delegation with the signature of the said letter of delegation.
On December 7, 2012, the Defendant lent KRW 3.5 million to C with the introduction of B, and also requested C to prepare and request a power of attorney necessary for the authentication of the said loan, and as above, the obligor and the amount of debt are in blank, and C had C sign on the power of attorney already signed in the letter of delegation column B and affixed his seal impression.
Since then, as the Defendant borrowed additional money to B and incurred a claim of KRW 50 million, C had the intent to notarized C with the obligor by using the above power of attorney signed and sealed C, although C had not borrowed the above money or provided a joint and several surety.
On February 27, 2013, the Defendant signed C for the purpose of uttering at the Seo-gu Incheon Metropolitan City “D notarial office,” and exercised C’s power of attorney as above, stating in the letter of attorney where the obligor and the debt amount, etc. are vacant, “C” in the debt column, “O million won” in the debt column, “O million won” in the cause and date of the occurrence of the debt,” “O December 21, 2012” in the letter of payment date and method of repayment,” and forged one copy of the power of attorney in the name of C, a private document concerning rights and obligations, which is a private document, in the letter of payment date and method of repayment, with the intention of uttering. On the same day, the Defendant exercised it by delivering the forged power of attorney to a notary public as if they were duly formed.
2. The defendant shall prepare a notarial deed on money consumption loan contract at the time and place mentioned in the preceding paragraph, and enter it in the preceding paragraph to a notary public.