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(영문) 인천지방법원 부천지원 2015.07.31 2015고단1372
공정증서원본불실기재등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendant

C is a person who has operated G, and Defendant A is a person who has been employed as an employee in the above G, and Defendant B is an accounting employee of the above G.

Defendant

C maintains a marital life with H.

In 207, around November 1, 2012, it is anticipated that a civil lawsuit was filed by the above H with respect to the pertinent Defendant C’s property, such as seizure, etc., the said Defendant’s property was put into the place of a notarial deed as if the employee bears false debts against Defendant A.

1. Notwithstanding the fact that Defendant C did not borrow KRW 95.8 million from Defendant A, and the retirement allowance to be granted to Defendant A was approximately KRW 53 million, Defendant C instructed Defendant A and B, known the above fact, to prepare a notarial deed of a monetary loan agreement for consumption with KRW 95.8 million.

Defendant

A and Defendant B, around March 7, 2014, filed a notarial deed with the effect that, as if Defendant A had a claim equivalent to KRW 95.8 million with Defendant A at a notarial office at Kimpo-si, Kimpo-si, Defendant A, the notarial office reported to the effect that “the creditor A lent KRW 95.8 million to the debtor on March 7, 2014, the creditor shall be paid in full on March 12, 2014, by occupying and amending the ownership of the articles listed in the separate sheet owned by the debtor and the debtor shall transfer the ownership of the articles owned by the debtor to the creditor, and if the debtor fails to perform his/her monetary obligation immediately, he/she shall be admitted that there is no objection even if he/she is subject to compulsory execution.

As a result, the Defendants conspired to make a false report to K in charge of authentication who is aware of the fact, and made the debtor C and the defendant A to make a notarial deed for money loan contract for transfer security to the debtor and the creditor of the defendant, and made the defendant enter the false fact in the original notarial deed.

2. The Defendants conspired to exercise the original notarial deed in collusion at the above time and place. The said original notarial deed shall be held immediately.

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