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(영문) 부산지방법원 2016.10.27 2016고단3122
공정증서원본불실기재등
Text

1. Defendant A shall be punished by imprisonment with prison labor for eight months.

2. Defendant B shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

On September 17, 2015, A was sentenced to one year of imprisonment and two years of suspended execution in the Busan District Court on September 17, 2015, and the judgment became final and conclusive on September 25, 2015.

1. On September 29, 2010, Defendant A and Defendant A agreed to borrow KRW 82,182,000 from victim E and repay all amount until June 30, 201, jointly with Defendant D and the representative director of the company.

However, around January 20, 2012, Defendant A, upon the victim’s request, failed to repay the above money even if the repayment period expires, had the Busan District Court issued a seizure and collection order for KRW 229,250,00 of the claim against D’s Agricultural and Fishery Food Distribution Corporation, and Defendant A conspired to prepare a false notarial deed as Defendant B knew with Defendant B with the intention to escape compulsory execution.

In accordance with the above public offering on February 2, 2012, the Defendants: (a) at the joint law office located in the first Dong Dong Dong-gu Busan Metropolitan Government, and (b) despite that D was not liable to Defendant B, the Defendants had the attorney-at-law in charge of the said law office, who was unaware of such fact, lent KRW 229,250,000 to D Co., Ltd. on December 31, 201, and have the attorney-at-law in charge of the said law office, who was unaware of such fact, repay the amount until February 6, 2012. When the debtor and joint guarantor fail to perform their monetary obligations under this contract, the Defendants drafted a false deed of money loan agreement (certificate 2012 No. 16) stating that “When the debtor and joint guarantor fail to perform their monetary obligations under this contract, they were immediately aware that there is no objection

As a result, the Defendants conspired to enter false facts in the notarial deed, which is the original copy of the notarial deed, and kept it in place.

2. Defendant A, who is exempted from compulsory execution, is from Sejong City Co., Ltd., a business partner of D around December 31, 2013.

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