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(영문) 부산지방법원 서부지원 2020.03.26 2018고단1333
공정증서원본불실기재등
Text

Defendant

B Imprisonment with prison labor for a year and six months, and for a defendant A, for eight months, respectively.

However, as to the Defendants, this case is against the Defendants.

Reasons

Punishment of the crime

[2018 Highest 133] Defendant B is a person who worked as a secretary at the law office of attorney C, and Defendant A was a person who worked as a secretary at the above office of attorney C.

Defendants are serving in the previous D companies at the mutually in the instant coffee shop located in Seocho-gu Seoul, Seocho-gu, Seocho-gu, Seoul, 2015.

From E who is liable for a loan obligation of approximately KRW 180,000,000 to a financial institution due to industrial accidents, he/she was consulted on December 31, 2015 that he/she would not be subject to collection of KRW 160,000,000 retirement allowances delivered around December 31, 2015.

Accordingly, Defendant B proposed that E would like to make up a false notarial deed, and would avoid the collection of financial institutions by pretending to bear the false debt to the Defendants, and Defendant A would like to provide the false creditor's name and to provide the account to keep E retirement allowances by pretending to the repayment of debt.

1. On January 7, 2016, Defendants made a false loan to the effect that, according to the above mother, Defendant A lent KRW 75 million to E at the G office in the law firm G office located in Ansan-si, Nowon-gu, Seoul-si, a notary public who is aware of such fact, “A creditor shall lend money to an obligor on January 7, 2016 and the obligor borrowed money.” The Defendants made a false loan to the effect that “A creditor shall repay money in a lump sum on January 31, 2016.”

Accordingly, the Defendants conspired to prepare a false authentic document in collusion.

2. On January 25, 2016, the Defendants conspired to exercise the original notarial deed in collusion and submitted the original notarial deed to an employee under a name-free statement who is not aware of the fact that such notarial deed was recorded as above at the Changwon District Office civil petition office of the Changwon District Court in 681, Changwon-si, Sungwon-si, Changwon District.

3. Any person who violates the Attorney-at-Law Act is not an attorney-at-law.

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