공문서위조등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. The fact that the injured party G does not want the Defendant’s punishment for the attempted crime of fraud is the circumstances favorable to the Defendant.
However, in order to display a false lien under the name A, the Defendant forged an official document in a way of copying it with a false credit transfer notification [the Defendant stated that he/she has transferred a claim of KRW 120 million to J Co., Ltd. with a claim of KRW 350 million out of the claim of KRW 350 million against J Co., Ltd.], and used it in preventing the delivery of real estate and in filing an application for the commencement of auction under the lien.
When the defendant discovered the fact that he had affixed a certificate Stick on the contents of a post office, he again forged an official document by the same method, used it as an objection against the decision to commence an auction based on a lien, and used it as an act of impairing the effectiveness of delivery at the site where delivery of real estate was executed. Each of the crimes of this case is very poor in the nature of the crime, and its liability is also heavy in order to disturb the fair judicial order.
Since the content stated in the notice of assignment of the above claim is not itself false, the defendant is different from the sentencing.
However, even after April 2010, under the premise that the amount of the claim against his J Co., Ltd. is KRW 350,000,000 won, the defendant made a multiple series of juristic acts (the agreement with the victim G on December 16, 2014 in the case of a report on the right of retention, the report on the right of retention on June 8, 2010 in the case of an application for voluntary auction of real estate BO real estate located in Gwangju District Court netcheon-Support AO real estate, the application for auction based on the right of retention on the right of retention, the application for auction based on the right of retention on the right of retention on November 8, 2012 in the case of an application for commencement of auction based on the right of retention under the right of retention, Gwangju District Court Netcheon-Support AP lien, 200,0000 won.