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(영문) 서울남부지방법원 2019.09.25 2018고단3419
공정증서원본불실기재등
Text

1. Defendant A shall be punished by imprisonment for a period of eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to imprisonment with prison labor for and on May 12, 2016 at the Seoul Central District Court for a crime of fraud on the same year.

5. The final and conclusive date of the judgment in the application for changes in indictment is deemed to be a clerical error, and thus correct ex officio.

On October 20, 2016, Defendant E was sentenced to one year of imprisonment for a crime of fraud at the Seoul Western District Court, and the said judgment became final and conclusive on December 29 of the same year.

【Criminal Facts】

Defendant

A is referred to as "victim" in the F Bill of Indictment and an application for changes in indictment from August 201 to April 2014, but it is deemed to be a clerical error, and thus ex officio deleted.

On April 2014, Defendant A, Defendant C, and Defendant C have discussed the measures together with “H”, which is the her husband, because it was impossible to repay a total of KRW 150 million, but the Defendant B’s salary and retirement allowance, which was the her husband, was apprehended to be subject to compulsory execution. Defendant A, Defendant C, and Defendant C have borrowed money from another person first than the her husband’s debt to the her woman F (B), and Defendant E has accepted the above measures, respectively. Defendant A agreed to Defendant B by way of proposing Defendant B to Defendant D in the order of priority, despite the fact that Defendant B had borrowed KRW 90 million from Defendant D, Defendant B had the most liable for the payment of KRW 90 million with Defendant D’s retirement allowance order, and Defendant B had the entire obligation to Defendant D and the promissory note against Defendant D with the entire obligation of Defendant D’s retirement allowance order.

After that, on April 21, 2014, Defendant B and Defendant D, together with Defendant B and Defendant D, found a notary public in Dobong-gu Seoul Metropolitan Government I in the “J Office of Law Firm” and Defendant B, as the above was gathered in advance.

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