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(영문) 인천지방법원 2014.08.13 2013고단5278
공정증서원본불실기재등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are parties in internal relations.

Defendant

A on May 17, 2010, the Seoul High Court received KRW 100 million from F to July 31, 2010, and KRW 100 million from September 30, 2010, respectively, according to the voluntary adjustment with F at Seoul High Court on May 17, 2010.

Defendant

A around 2005, a notary public who has executory power over the victim G prepared a notarial deed of the Incheon General Law Office (221, 2005), and the victim was issued a seizure and collection order as to the above monetary claim against Defendant F based on the original copy of the above notarial deed on June 22, 2010.

The Defendants anticipated that the F, upon receipt of the above collection order, deposited KRW 100,000 to be paid to the Defendant A around the end of July, 2010, and the distribution procedure was conducted only with the creditors of the Defendant including the victim and the obligor A, and there was no money to be distributed to the Defendant A.

The Defendants knew that F would try to deposit the remainder of KRW 100,000,000 to be paid to Defendant A by September 30, 2010, with the view to evading the victim’s compulsory execution and receiving dividends, Defendant A would bear the false debt against Defendant B. Accordingly, Defendant B would create the false title of execution against Defendant B. Accordingly, Defendant B would be entitled to the seizure and collection order against the said monetary claim against Defendant F by taking part in the distribution procedure of the court as to the deposit.

1. On July 29, 2010, the Defendants were not to enter the original of a notarial deed, to enter the original of a notarial deed, to exercise the original of a notarial deed, and to evade compulsory execution on July 29, 2010, at the office where the notary public under 101 of building 240-1, Nam-gu, Incheon, Nam-gu, 240-1, is the law firm name, even though Defendant A did not bear the obligation of KRW 70 million against Defendant B, the date of issuance

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