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(영문) 전주지방법원 2017.05.19 2017고정122
공정증서원본불실기재등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

B is the children of Defendant A (Ma) and C (Divisions).

Defendant

B has a debt of KRW 40 million against D, and on this ground, it was prosecuted against D as a crime of fraud from D, the creditor, and was requested to provide a personal guarantee or a change of debtor, and there was no consent from A C to C with respect to D's debtor.

Nevertheless, Defendant B conspireded with Defendant A, who is the mother of the foregoing circumstances, to make a proxy form using C’s seal imprint, and to deliver a fair certificate (loan) to D to the effect that C would change C to the master book against D by using C’s seal imprint certificate after obtaining C’s seal imprint certificate.

On September 28, 2012, the Defendants submitted a letter of delegation and a certificate of seal under C to an attorney-at-law in charge of notarial affairs who is duly entrusted by her husband C with the authority to prepare a fair deed in violation of the law firmF located in Yeongdeungpo-gu, Seoul, Seoul, the Jeonjin-gu, Seoul, and had an attorney-at-law in charge of notarial affairs state the fact as the debtor who borrowed 40 million won from D and exercised the certificate of non-performance of the fair deed by allowing the attorney-at-law in charge of notarial affairs who is aware of such fact to state the fact as the non-performance of the fair deed in the fair deed.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Statement made by the police with H and D;

1. Complaint;

1. A copy of each judgment;

1. Copy of a process deed;

1. Application of each Act or subordinate statute to delegations, certificates of seal impression, notarized commission, witnesses' certificates, fact-finding certificates, letters, and resident registration certificates;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 228(1), 30 ( point of false entry in the original copy of a fair deed, choice of fines) of the Criminal Act, Articles 229, 228(1), and 30 (the point of exercising the original copy of a fair deed, and selection of fines) of the Criminal Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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