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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Around January 28, 2004, the Defendant lent D KRW 19,000,000 to D, and prepared a loan certificate related thereto, and entered D as D the principal debtor, and the joint guarantor was entered as D. On June 16, 2008, the Defendant filed a lawsuit against the victim at the Jeonju District Court Branch of the Jeonju District Court located in 880, Masan-dong, Sinsan-dong on June 16, 2008, and subsequently won all the judgment of winning the said loan claim on December 9, 2008 (the Defendant’s intent that the victim shall pay interest at a rate of 30% per annum from June 28, 2006 to the full payment date).
In fact, the Defendant received the full repayment of the above loan and interest from the victim and extinguished the claim against the victim by July 16, 2008, the Defendant obtained the inheritance execution clause under the name of E, his own denial, with the purport of holding the judgment of winning the lawsuit against the victim. On the same day, the Defendant applied for the grant clause of succession execution clause against the above judgment with respect to the above judgment of winning the Seoul District Court on December 1, 2010, by deceiving the court as if his claim against the victim still exists, and applied for the grant clause of seizure and collection order against the victim’s property.
On April 29, 2013, the Defendant applied for a seizure and collection order against the victim by using the above favorable judgment against the victim in the Daejeon District Court, Seo-gu, Daejeon District Court, Seo-gu, Daejeon District Court on April 29, 2013, and issued a seizure and collection order (the purport that the Defendant may seize and collect the principal KRW 19,00,000, interest KRW 39,009,863, total of KRW 58,009,863, and KRW 563,00,000, and KRW 19,000,000, and KRW 58,009,863, as the third debtor of the victim).
However, the Defendant was paid the full amount of KRW 19,00,000 and interest thereon from the victim until July 16, 2008, and there was no claim against the victim stated in the above judgment.
Accordingly, the defendant is the Daejeon District Court.