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(영문) 전주지방법원 2014.07.24 2013고단2558
사문서위조등
Text

Defendants shall be punished by imprisonment for ten months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The E and Defendant A are creditors of F, and G and Defendant B are well aware of the foregoing monetary relationship, and there is a person who, in particular, was aware of the fact that F was about the existence of a person to lend the remainder of the construction capital which is short of funds while carrying out construction works.

Defendant

B on November 2012, 2012, after receiving a request from the F and H to introduce a person to loan KRW 200 million to a loaner of the land and the 4th floor of the land (hereinafter “instant land and building”) located outside I and Ha, the B proposed that E would not secure a claim against F by receiving false claim documents against F, with the knowledge that E would not secure a claim for a loan of KRW 50 million against F. The purpose of receiving fees was to clarify the above fact to G, and to request the F’s creditor to introduce Defendant A, the creditor of the instant land and building.

Thus, Defendant B conspired to commit a crime by accepting the aforementioned proposal, stating that Defendant B may borrow KRW 200 million from the human body of J at the place of contact between E, G and Defendant A, by accepting false claim documents, such as a loan certificate, and completing the registration of creation of a collateral security with respect to existing creditors such as F and H as collateral holders, and by accepting money from F, Defendant A also conspired to commit a crime by accepting the said proposal, stating that “F is good, E and E are also created a collateral security at the same time.”

1. Crimes concerning registration of creation of false collateral security by the Defendants

A. The Defendants’ assertion of forgery of private documents, such as power of attorney and mortgage agreement, and the exercise of a falsified document, are to introduce Defendant B to lend KRW 200 million to F and H, even though the facts in F and H’s building located in NA in NA of the Jeonbuk-gun on December 6, 2012 following the above solicitation, the J could not lend KRW 200 million to F and H.

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