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Defendant
A shall be punished by a fine for negligence of KRW 4,500,000, and by a fine of KRW 4,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
1. The Defendants’ joint crime committed on October 18, 204, are dissatisfied with the fact that they purchased a higher price than the market price in relation to D forest and fields purchased through C through C and receive reimbursement of damage equivalent to KRW 120 million from C by making a claim against C. However, the Defendants sold the forest and fields purchased by the Defendants after being transferred by C, and set up a collateral security right on the real estate owned by C to secure the payment of the said damage, and the Defendants decided to set up a collateral security right on December 22, 201 between C and C, “the E-F-G creation in Seosan City” and, at the same time, transferred the Seosan Forest and fields to C by December 201.
“Preparation of a letter of performance” was made.
However, the Defendants: (a) arbitrarily changed the content of the statement of performance to the effect that the Defendants had been holding by the Defendants by preparing one copy of the implementation letter at the time; and (b) conspired to acquire the ownership of forest land and real estate owned by C as if the exchange contract was concluded; (c) voluntarily stated in the report of performance that “it shall be transferred to the 201-12-26, at the same time as the establishment of Seosan E-F-G” in the report of performance, the phrase “it shall be transferred to the 2011-126” in the back of the report of performance; (d) deceiving the said court by submitting the report of transfer of ownership against the victims of Seosan District Court, Seosan, Daejeon District Court filed a lawsuit for the transfer of ownership; and (e) deceiving the said court after obtaining the decision of transfer of ownership from the said court; and (e) dismissed the Plaintiff’s request on October 7, 2015; and (e) dismissed on June 17, 2016.
As a result, the Defendants conspired to alter one copy of the performance letter in C’s name for the purpose of exercising authority without authority, and exercise it, and deception the court through the above modified performance letter, thereby deceiving the court.