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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant did not have lent KRW 18 million to the same birth village of this notarial deed or had not agreed to receive the said money from C.
Nevertheless, on October 15, 2014, the Defendant, without C’s consent with the sign of seal impression, proxy, certificate of personal seal impression, and resident registration certificate, borrowed 18 million won from A (Defendant) on February 15, 2010 to F, an attorney-at-law in charge of authentication in the office of law firm E, a notary public of the fourth floor of the Seocho-gu Seoul Metropolitan Government DD Building, who is an attorney-at-law in charge of authentication in the office of law, and borrowed 18 million won from A (Defendant) on February 15, 2010, and repaid 18 million won to A until October 22, 2014, and written an authentic deed stating that “the interest shall be 20% per annum.”
2. On March 11, 2015, the Defendant: (a) filed an application for a collection order for the seizure and collection of the claim amounting to 21,836,712 from the Changwon District Court Masan Branch as the obligor C from the Changwon District Court Masan branch; and (b) filed an application for a seizure and collection order of the claim amounting to 21,836,712; (c) subsequently, the Defendant submitted and exercised the money loan agreement No. 1
3. As indicated in the foregoing paragraph (2), the Defendant attempted to seize and collect a deposit claim against C’s transfer of investment securities by requesting a collection order of the claim and requesting a trial division, which found it genuine on March 13, 2015, to accept the Defendant’s application (C’s transfer of investment securities). However, on March 19, 2015, C applied for a suspension of compulsory execution against the said transfer claim (part citing a claim on March 20, 2015) on the ground that C did not bring a lawsuit of demurrer against the said transfer claim and failed to do so.
4. On March 18, 2015, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (hereinafter “Information and Communications Network Act”) G, 702.