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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.
However, from the date this judgment became final and conclusive, the defendant.
Reasons
Punishment of the crime
1. On December 1, 1989, Defendant A and D had been married on May 30, 201, and they were divorced on May 30, 2014. Defendant B works as the head of the counseling office at the hospital operated by Defendant A from March 2012.
2. On October 2012, the Defendants: (a) filed a divorce lawsuit against Defendant A on the grounds that the said D had the right to claim a division of property as the right to be preserved; (b) there was fear that the Defendants would be subject to compulsory execution of defects of the provisional attachment registration under Mapo-gu Seoul E Apartment-gu 104-dong 301 (hereinafter “instant apartment”) owned by Defendant A; and (c) there was a solicitation for Defendant A to conclude that the Defendants had the obligation to pay the money to Defendant B.
On September 5, 2013, the Defendants prepared a loan certificate stating that “The debtor A borrowed KRW 200 million from the creditor B from November 201 to September 2013” without the fact that the defendant A borrowed KRW 200 million from the defendant B, and completed the registration of establishment of the right to collateral security with the maximum amount of KRW 200 million on the instant apartment on the basis of the above loan certificate around December 4, 2013.
As a result, the Defendants conspired to commit a false debt in order to escape compulsory execution, thereby doing so to the creditor.
3. On November 26, 2015, the Defendants, who attempted to commit fraud, filed a voluntary auction on the instant apartment based on the right to collateral security stated in paragraph (2) and filed a distribution schedule with the Seoul Western District Court as “103,337,516 won dividend amount to Defendant B, and KRW 87,836,888 won dividend amount to Defendant D” at the Seoul Western District Court around November 30, 2015, the Defendants corrected KRW 103,337,516 won to the Seoul Western District Court around November 30, 2015, “191,174,404, and KRW 87,836,888 won dividend amount to Victim D,” respectively.
“ ........” filed a suit to the effect that the claim was filed.
However, the above right to collateral security has been conspired by the defendants and completed false information.