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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
However, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2019 High Order 3350] Defendant A had a claim of KRW 1,389,50,958 for the construction cost to be paid from Sungnam-si in 201. However, Defendant A prepared a false monetary loan agreement with Defendant B and a notarial deed thereon on the ground that the payment of the said construction cost is likely to be made to other creditors in excess of the debt. Defendant B received the said construction cost from Sungnam-si by using the said notarial deed as a third debtor and conspired to return the said construction cost in the name of Defendant B, with Defendant B’s commission, and the remainder of KRW 473,00,000,000,000 among them were to be returned to Defendant A.
On October 31, 2011, the Defendants prepared a false monetary loan agreement and a notarial deed thereon in accordance with the above public offering, and Defendant B filed an application for the third obligor, claim amounting to KRW 53,000,000 with the Seoul Central District Court on November 10, 201, for the attachment and assignment order, and the assignment order was issued and kept under the issuance of a written determination of the attachment and assignment order.
Since then, around February 2, 2012, Defendant A transferred KRW 9,91,602, among the claim for construction cost against Sungnam-si, to Victim C, and transferred KRW 360,000,000 to Victim D, and thereafter, Defendant A notified the assignment of the claim at Sungnam-si.
On January 16, 2017, Defendant B submitted a request for dividend payment of KRW 553,00,000 to the effect that, with respect to the distribution procedure case in Seocho-gu Seoul Central District Court, Defendant B shall receive KRW 1,389,550,958 of the construction cost deposited in the court in Sungnam-si, the Seoul Central District Court, based on the above claim attachment and assignment order.
Accordingly, the Defendants conspired to deception the Seoul Central District Court and caused the above Seoul Central District Court to be the Defendant B.