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1. The defendant A shall be punished by imprisonment for six months;
2. Defendant B shall be punished by a fine of 10 million won.
Defendant
B The above fine.
Reasons
Punishment of the crime
Defendant
A is the president of the medical corporation, and the defendant B is the actual operator of the F.
E, while the F-owned building was leased and operated by the hospital, the debt to F was accumulated due to the failure to pay the building rent and management expenses from the beginning of 2011, and the debt was repaid in the form of collection by F on behalf of F by transferring the credit of the medical expenses to be received from the Health Insurance Corporation.
On the other hand, on September 23, 2011, Defendant A prepared a notarial deed of money loan contract with Defendant E and Defendant A, a joint guarantor, on the debt of KRW 256 million against Victim H, and Defendant A did not repay the remainder of KRW 160 million on November 25, 201.
On February 2, 2013, the Defendants conspired to evade compulsory execution from the creditors, such as the victim H, by means of notarial acts by releasing the amount of debt, even though the accumulated debt to EF was not more than 160 million won due to the foregoing circumstances, and even if they were not 160 million won.
On May 14, 2013, the Defendants: (a) in the document culture in Busan-gu, Busan-1 Law Firm document, the Defendants: (b) as of February 8, 2013, the attorney-at-law in charge of notarial services prepared and demanded a notarial deed on a monetary loan agreement of KRW 1 billion with the debtor E and creditor F as of February 8, 2013; and (c) requested the above I to prepare a notarial deed for the same purpose.
Accordingly, the Defendants conspired to enter false facts in the original notarial deed and had the original copy of notarial deed which contains false facts be kept in the law firm office, exercise it, and bear false debts for the purpose of evading compulsory execution.
Summary of Evidence
1. Prosecutorial suspect interrogation protocol against the Defendants
1. The police statement of H;
1. Written statements J and K;
1. Investigation report (to hear the statements of K).