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(영문) 대전지방법원 2015.05.01 2014고단4253

사문서위조등

Text

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

Reasons

Punishment of the crime

On July 11, 2003, the Defendant acquired the right to sell apartment units E, 204-dong 903 (hereinafter “instant right to sell apartment units”) from D around July 1, 2003, and transferred the right to sell apartment units to F again after the expiration of the period of restriction on the unregistered right to sell apartment units. However, as the competent tax office imposed excessive capital gains tax differently from the anticipated transfer, the Defendant filed a lawsuit seeking revocation of tax disposition (Saegu 2012-dong 1223, Daejeon District Court Decision 2012Da1223) against the Defendant.

Accordingly, due to the unregistered pre-sale restriction at the time of the acquisition of the apartment of this case, the Defendant did not change the name of the transferee of the apartment of this case from D to the Defendant, and prepared a monetary loan contract with D as the obligor in order to prevent disputes in the future, and filed a lawsuit against D seeking a loan against D by means of the crypting that it had been notarized.

(Seoul District Court Decision 2013Na25221 decided November 28, 2013 that the Defendant lost the right to sell the apartment of this case on the ground that the Defendant actually acquired the right to sell the apartment of this case in the said lawsuit filed against D around November 28, 2013, and the Defendant appealed on or around December 11, 2013 (Seoul District Court Decision 2014Na100182).

1. On December 11, 2013, from around April 10, 2014 to around April 10, 2014, the Defendant forged a private document stating the title “C” in the paper No. A(A)4 using a computer screen document at a place where the location cannot be known, and stating “A” as follows: “I sign and seal to assume a civil and criminal liability on a loan agreement for cash consumption with a gold sale million won in borrowing the said real estate as security.”

After that, the defendant is not infinitely infinite E 204 Dong 903, a copy of the statement of transfer in D's name among the documents for securing rights already held.