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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who actually operates F Co., Ltd. F (hereinafter “F”) under the name of Sii-si E from Sii-si to Sii-si, and G and H are married with his husband and wife who operates J, which is a painting company, in Sii-si.
1. On May 28, 2014, the Defendant of a private document: (a) around 2014, at the above J office, paid KRW 50,000,000,000 each month to the J with G and H, and (b) prepared the letter of agreement thereon, and (c) presented the power of attorney on the preparation of a fair deed, the contents of which are public, as if it were the ancillary documents of the said letter of agreement, to have G enter the name, resident registration number, and address in the delegating column; and (d) obtained the consent of G to notarized the outstanding amount of KRW 15,00,000,000 until then.
Nevertheless, from May 28, 2014 to June 18, 2014, the Defendant, at his own discretion, drafted the said power of attorney in excess of the scope of delegation, even if he received notarized delegation on the outstanding amount claim amounting to KRW 15 million, by stating in the column of delegation the said power of attorney, “A and the Nam-gu Incheon Dong-gu K 102,” “one hundred million won” in the debt column, “one hundred million won shall be repaid in full on July 31, 2014,” “F” in the debt column, and “G” in the debt column.
For the purpose of uttering, the Defendant forged a letter of delegation in the name of G, a private document on rights and obligations.
2. On June 18, 2014, the Defendant issued a false entry in the original document of the process and a false entry in the original document of the process in which the Defendant had a claim of KRW 15 million against G, not a claim of KRW 100 million against G, but a claim of KRW 15 million against the attorney-at-law in charge of notarial services who did not know the fact. The Defendant issued the power of attorney in charge of notarial services in the name of false G to N on May 28, 2014 and issued KRW 100 million to G on May 28, 2014.