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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On November 28, 2012, the Defendant was sentenced to four months of imprisonment with prison labor due to the charge of forging official documents at the source of the method of using the original document, and the said judgment became final and conclusive on February 1, 2013.
1. The Defendant has been holding office as the secretary of the “D judicial scrivener office” office operated by the victim D, who was located in the G from February 2010 to December 26, 2012, and has been in charge of real estate registration consultation and acceptance of the case.
2. Criminal facts;
A. On May 20, 2012, at the above office, the Defendant received a request from the client for provisional attachment or provisional disposition on the movable property owned by the husband of the female from the client E in relation to a lawsuit claiming the division of the F’s property. In such a case, the Defendant stated to the effect that, despite the existence of the occupational duty to appropriately claim only the expenses incurred in the above business, the Defendant was necessary even if it did not require the cash deposit pursuant to the provisional disposition order due to its breach of the duty, and was transferred from E to the agricultural bank account in the name of the Defendant.
Accordingly, the defendant acquired the difference of KRW 16.1 million, and the victim suffered property damage equivalent to the same amount.
B. On June 26, 2012, at the above office, the Defendant was requested from the client G to consult about the execution procedure of the final judgment on the division of jointly owned property. In such a case, the Defendant provided the client with a consultation about necessary business affairs, such as compulsory execution procedure, etc., with the execution authority, and provided the client with a right to execute the said judgment, and provided that the provisional attachment and deposit business is necessary due to the breach of his/her duty despite the existence of the occupational duty to claim only the expenses incurred therefrom, and received KRW 16.1 million from G to the agricultural bank account in the name of the Defendant.
Accordingly, the defendant's financial profit equivalent to KRW 16.1 million.