Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal’s History of Crimes: The judgment of violation of the Attorney-at-Law’s Law, etc. on June 11, 2013, rendered in the Daegu District Court Decision 1/ suspended sentence of imprisonment for one year/two years, fine 20 million won, observation of protection, community service progress: December 6, 2013 / [criminal fact] The Defendant borrowed KRW 40 million from C around September 21, 2015, from around 35, Busan District Court Decision 3501 (hereinafter “the instant real estate”) on the Busan District Court Decision 114Da3501 (hereinafter “the instant real estate”) and completed the registration of the establishment of a collateral security, which is the mortgagee C.
On November 30, 2015, the Defendant submitted an application for cancellation of collateral security to E, as if he/she was delegated with the authority to cancel collateral security registration for the instant real estate by C, even though the Defendant had not been fully delegated the authority to cancel collateral security for the instant real estate by C because of the fact that he/she paid the loan to C, and submitted the application for cancellation registration of collateral security to E, and made the said employee believed to be true, enter the registration of cancellation of collateral security in the electronic records system identical to the original copy of the certificate of process of termination of collateral security contract, and made it possible to inquire by electronic records as soon as the above registration system is operated.
As a result, the defendant made a false report to the public official E to record false facts in the real estate register, which is an electronic record of the same electronic record as the original copy of a fair deed, and exercised by having the record of false facts keep the register of real estate recorded.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant provisions of the Criminal Act and Articles 228 (1), 229, and 34 (1) (Punishment of imprisonment) of the Criminal Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 62-2(1) of the Social Services Criminal Act is mitigated by classification of types.