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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
On December 20, 2012, the Defendant was sentenced to imprisonment with prison labor for the crime of forging private documents at the Changwon District Court on December 20, 2012, and the said judgment became final and conclusive on March 28, 2013.
In order to obtain an additional loan of KRW 50 million from the Suhyup-gu Seoul Special Metropolitan City, Changwon-si, which is owned by the Defendant, the Defendant came to know that, in order to obtain an additional loan of KRW 201,00,000,000,000,000 for the maximum debt amount set forth in relation to the said building, the Defendant extinguished the first priority mortgage, which is the agricultural cooperative owner of the said building, and set up the first priority mortgage against the Suhyup-gu, the maximum debt amount.
On March 31, 2009, the Defendant made a false statement that “E” in the office of real estate agent, “I would like to obtain a loan from the Suhyup with the maturity date for the agricultural loan. If I would like to obtain the loan from the Suhyup with the cancellation of the registration of the establishment of the second right under the name of the victim, I would like to make the second right of collateral with the same content as the previous content as the collateral under the name of the Agricultural Cooperative, even after the registration of the establishment of the second right under the name of the victim was registered under the name of the Suhyup.” The Defendant obtained the documents necessary to cancel the registration of the establishment of the right of collateral under the name of the victim on March 31, 2009 from the victim, thereby acquiring the pecuniary benefits equivalent to KRW 60 million.
Summary of Evidence
1. Witness F or a part of G testimony;
1. A certified real estate register;
1. Previous convictions in judgment: Application of the Acts and subordinate statutes to criminal records and case summary agreement assistance;
1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The Defendant and his defense counsel notified the victim of the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order in advance that the Defendant increased the amount of the secured debt and the maximum amount of the debt.