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(영문) 서울서부지방법원 2018.08.08 2018고단51
공정증서원본불실기재등
Text

Defendant

A A Fines 3,00,000 won, Defendant B’s fine 2,000,000 won, and Defendant C’s fine 4,000,000 won.

Reasons

Punishment of the crime

Defendant

A on August 19, 2016, D was appointed as the representative director under the name of E Co., Ltd. (hereinafter referred to as “E”), the actual operator, and served as the head of the general affairs office and the head of the business team until October 2016.

1. Joint crimes committed by Defendant A and Defendant B

A. The Defendants, despite being aware that Defendant B did not have any claim against Defendant B, used that Defendant A continued to have been registered as a representative director under the name of Defendant E, to set up a collateral on the real estate owned by Defendant B for the purpose of Defendant B.

Defendant

A around February 14, 2017 after receiving a certified copy, etc. of resident registration necessary for the preparation of the contract from Defendant B, at the office of a certified judicial scrivener H located in the Gangnam-gu Seoul Metropolitan Government F Building Building G, written a contract with the maximum claim amount of KRW 30 million, the obligor E, and the Defendant B of the right to collateral security (hereinafter “instant land”) for the share of KRW 6655/4705 of the 47605 of the G-owned Special Metropolitan City (hereinafter “instant land”). On February 15, 2017, A issued it to the certified judicial scrivener H who is not aware of the fact, and had H complete the registration of collateral security at the Sung-nam Special Metropolitan City registry for the support of Suwon-nam Special Metropolitan City, where the establishment of the right to collateral security was completed through a non-official.

As a result, the Defendants conspired to make a false report to a public official to enter false facts in the real estate register.

B. The Defendants exercised the original copy of a false entry document by allowing the Defendants to keep and exercise the register of real estate prepared as stated in paragraph 1-A.

2. Joint crimes committed by Defendant A and Defendant C

A. The Defendants, with the knowledge that they did not consent to the establishment of the right to collateral security against Defendant C, did not have any authority to register the establishment of the right to collateral security against Defendant C, to establish the right to collateral security on the real estate owned by Defendant C for the purpose of Defendant C by using the fact that Defendant C had been continuously registered as the representative director under the name of Defendant E.

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