[사문서위조·동행사등피고사건][고집상고형,178]
The seller's liability for the crime of registering the establishment of a mortgage in the vicinity of the buyer's arbitrary sealing the seal of the buyer after selling real estate and receiving the down payment.
While the Defendant sold the real estate owned by him to the Nonindicted Party (A) and attempted to cancel the registration on the ground that (A) had set the payment date of the remainder, (A) was aware that (a) would have tried to take a provisional disposition on the said real estate, and (b) was affixed a seal on the said (B) at his own discretion while he was sold to the Nonindicted Party (B) and received only the down payment, and (c) was completed the registration on the establishment of a new mortgage in the future, (B) would be better for him, and even if he did the act of disposal on his own debt, the registration on the establishment of a new mortgage in the above contents cannot take effect, so the said false fact constitutes the crime of forging a private document, the crime of uttering, and the crime of false entry in the original copy of a notarial deed.
Articles 229, 231, and 234 of the Criminal Act
Defendant
Defendant
Daejeon District Court (61No88)
The appeal is dismissed.
The grounds of appeal by the attorney Jin-law are as stated in the appellate brief subsequent to his appeal.
However, in detail, the court below, on February 25, 4293, listens to the fact that the defendant sold the house of this case to the non-indicted 1 2.6 million won on the ground that he sold the house of this case to the non-indicted 1 for the period of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law of the law.
Therefore, the judgment of the court below that held the above-mentioned of the defendant as the crime of forging a private document, utteringing the crime and uttering of the original copy of a notarial deed shall not be deemed to be erroneous as a theory of lawsuit, and it is nothing more than criticism of the court below's legitimate judgment of evidence and application of the law from the opposing point of view. Therefore, the judgment of the court below shall be dismissed as per Disposition by Article 390 of the Criminal Procedure Act.
Judges Hongnam-gu (Presiding Judge)