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Reasons
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(영문) 대전지방법원 2016.10.27 2016고정636
사기미수등
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Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 15, 2013, the Defendant loaned KRW 150 million to C 10,000,000,000,000,000,000,00 won as collateral, and around July 15, 2013, the Defendant was set up a collateral security right of KRW 230,000,000 with the maximum debt amount to C, D, and E (D’s spouse).

1. Around July 15, 2013, the Defendant forged private documents: (a) stated in the column of creditors in the above form that “G”, “C,” “C,” “D, H, and joint and several sureties” in the debt column, “30% per annum” in the interest column, “30% on March 7, 2014” in the date of repayment and the method of repayment; and (b) stated “E” and “D” in the front of the seal affixed in the lower part of the delegating column, respectively.

For the purpose of exercising, the Defendant forged a letter of delegation in the name of D and E, a private document related to rights and obligations.

2. On February 28, 2014, the Defendant presented a forged power of attorney as provided in paragraph 1 to prepare a notarial deed at a notary public J-office located in Seo-gu Daejeon, Daejeon.

3. On February 28, 2014, the Defendant made a false entry in the authentic copy of a notarial deed to a notary public J at the same date and at a place, such as Paragraph (2) of the same Article, and the fact was: “15 million won of the debt”; “15 million won of the debt”; “30% of the interest due on March 7, 2014”; “30% of the creditor”; “G”; “C”; and “C and E” in the event the Defendant did not perform his/her monetary obligation, the Defendant requested the said J to the effect that he/she did not raise any objection even if he/she was immediately subject to compulsory execution.

4. On October 23, 2015, the Defendant filed an application for a compulsory auction against the real estate owned by Daejeon District Court D, E, etc., located in 34-15, 34-15, Han-nam, Chungcheongnam-si, Chungcheongnam-si, Ma, and entered the fact of such insolvency as above.

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