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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
On July 12, 2012, the Defendant was sentenced to imprisonment with prison labor for occupational embezzlement at the Gwangju District Court on July 12, 2012, and the judgment became final and conclusive on September 20, 2012.
On April 30, 2007, the Defendant retired from office on or around April 30, 2007, and continued to hold a passbook containing company funds. From May 2007, the Defendant did not comply with the demand to return KRW 319,000,000 to D, the representative director of the said corporation.
Accordingly, on May 1, 2008, C filed a lawsuit against the Defendant for the return of unjust enrichment (2008Gahap4195) with the Gwangju District Court. On May 23, 2008, the Defendant knew that there is a specific risk to be subject to compulsory execution by being served with a duplicate of the above complaint. In order to avoid this, C had the intention to avoid compulsory execution by preparing a notarial deed as if he bears a false debt to E, who is the military branch of the Defendant, for the purpose of evading compulsory execution.
1. On July 10, 2008, the Defendant made a promissory note stating “E”, “H”, “A”, and “date of issuance” on February 11, 2008 in the receiver column as if a notary public in Gwangju Dong-gu had a debt to the said E from G, as if he had a debt to the said E, the Defendant made a promissory note stating “17,50,000 won in face value column” on November 11, 2008 on the date of payment, and made an attorney-at-law in charge of authentication submit the said Promissory note to G to the possessor of the said Promissory Notes, and made a notarial deed recognizing that there was no objection even if he was immediately subject to compulsory execution.
In this respect, the defendant made a false report to a notary public, and made him enter false facts in the original notarial deed, and exercised it immediately.
2. The Defendant is exempt from compulsory execution, as described in paragraph (1), at the Gwangju District Court on April 16, 2010 and as indicated in paragraph (1).