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(영문) 창원지방법원 2017.12.15 2016고단3269
공정증서원본불실기재등
Text

Defendant

A Imprisonment of 10 months, Defendant B’s imprisonment for one year, Defendant C’s imprisonment for a fine of 1 million won, and Defendant D.

Reasons

Criminal facts

[criminal history] Defendant B was sentenced to a suspended sentence of six months for a violation of the Medical Service Act by the Incheon District Court on June 11, 2015, and the judgment became final and conclusive on May 12, 2016. Defendant D was sentenced to ten months of imprisonment with prison labor for the crime of evading compulsory execution at the Changwon District Court on January 28, 2016, and the judgment became final and conclusive on February 1, 2016.

[2016 Highest 3269 – Defendant A, B, and C]

1. Defendant B and Defendant A’s joint criminal acts are married with Defendant B and Defendant A, and Defendant A are co-principals with Defendant B, and Defendant A is the assignee of Defendant B and D’s claim 500,000,000 won.

I applied for a payment order against Defendant B and D on April 1, 201, based on the above amount of KRW 500,000,000,000, Defendant B and D filed an objection thereto, and Defendant B and D filed a lawsuit for the claim for the amount of transfer income.

Accordingly, the Defendants prepared a fair deed that Defendant B owes false debt to Defendant A, and Defendant A conspired to collect wages from the medical corporation of Defendant B and return them to Defendant B on the basis of this.

A. Although there is no claim equivalent to KRW 430,00,000 against Defendant A’s Defendant B at the exercise of the original notarial deed and the original notarial deed, the Defendants, on October 17, 2011, had a notary public, who is located in Sung-gu, Sungwon-si K building 302, from the L law firm office, submit a false loan certificate stating the fact to Defendant A’s attorney-at-law in charge of notarial services.

The Defendants conspired to lend to the obligor (B) the amount of KRW 430,00,000 on January 7, 2003 by the obligee (A) and (B) by the obligor (B) until October 17, 2011.

“The foregoing law firm’s certificate stating that it is “ shall contain false facts in the fair deeds issued by the requester himself/herself by making a false report to a notary public by having the aforementioned law firm prepare a fair deed of monetary consumption lending and lending contract No. 2918 of 2011, and around that time the above law firm’s certificate entered false facts.

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