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(영문) 대구지방법원 2015.06.18 2014고단6070

사문서위조등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 2, 2010, the Defendant borrowed KRW 300 million from C, and around August 3, 2010, the Defendant created a collateral security (hereinafter “instant collateral security”) with respect to the property owned by the Defendant as the mortgagee C, the maximum debt amount of KRW 300 million, with respect to the property on the land and the building site on both the Daegu-gu D, E, and both above ground and the F, which are owned by the Defendant (hereinafter “instant real property”). On January 2, 2012, the Defendant tried to arbitrarily cancel the registration of establishment of the instant collateral security and to receive a loan from the financial institution as the collateral.

1. Around January 27, 2012, the Defendant forged private document: (a) had, through employees in charge of loan service of the above community credit cooperative, affix a seal on the name-based third party’s name in advance on the “real estate”, “the purpose of the registration of the instant real estate: cancellation of the right to collateral security; (b) the “right to collateral security registered under No. 34857, Aug. 3, 2010; and (c) the “person responsible for registration” and “C: the name-based third party’s name prior to the name of the power to cancel the right to collateral security indicated as “C”.

Accordingly, the Defendant forged the right to cancel the right to collateral security, which is a private document regarding C’s rights and obligations.

2. On January 27, 2012, the Defendant: (a) at the Daegu District Court located in Suwon-gu, Daegu-gu, Daegu-gu, the Defendant exercised the right of representation for cancellation of the forged mortgage by having the employees under the name-free circumstances belonging to the G Certified Judicial Scriveners Office, an agent for cancellation of the right of representation for the right of representation for cancellation of the right of representation for the right of representation under the above facts

3. On January 27, 2012, the accused shall make false entries, such as public electromagnetic records, and any false entry and electromagnetic records.