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(영문) 의정부지방법원 고양지원 2014.04.17 2013고단1839

공전자기록등불실기재등

Text

Defendants are not guilty.

Reasons

1. A summary of the facts charged: (a) Defendant B created a right to collateral security under the name of E, the maximum debt amount of KRW 100 million and the maximum debt amount of KRW 100 million in the name of H, respectively, between E and E on October 24, 2007, with a view to securing the payment of investment and dividend; (b) Defendant B and E have the original documents related to the creation of the right to collateral security, such as information on the registration of collateral security, notice on the completion of registration, etc., in order to secure the payment of the agreed dividends.

However, with respect to the registration of the establishment of a mortgage of the victim H, which was established on the above land owned by his female, around October 6, 2008, the documents related to the establishment of a mortgage, such as the information on the registration of a mortgage and the notice on the completion of registration, and the power of attorney for the application for cancellation of the registration of a mortgage under the name of H, which the defendant B had been prepared in advance, issued to the certified judicial scrivener office, and submitted the above documents to the Pju registry office through the staff of the certified judicial scrivener office to cancel

On October 6, 2008, the Defendants conspired with each other to make a registration of cancellation of H’s right while submitting to the public official of the registry office, along with the power of attorney in the name of H, which was prepared in advance through the employees of the certified judicial scrivener office, when submitting the registration of cancellation of H’s right to the registration of cancellation of the establishment of H’s right to the said land, thereby having the public official of the registry office enter the false fact into the real estate registration register, which is a public electronic record, and at around that time, had the public official enter the false registration of cancellation of the establishment of the establishment of H’s right to the said land into the real estate registration register, which is a public electronic record.

2. We examine the issue of false entry, such as judgment, etc.

This Court shall adopt.