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(영문) 의정부지방법원 고양지원 2015.04.17 2014고단1172

사문서위조등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant: (a) around 2008, at the time of C and D (hereinafter “titlers”) received delegation from the nominal holders of sale and purchase of five parcels of land outside the size of 4,760 square meters in F forest land in Jeju-si; and (b) used the power of delegation from the nominal holders and a certificate of personal seal impression, etc., to borrow money on the part of the nominal holders as collateral for the portion of this land.

On May 26, 2010, the Defendant forged private documents: (a) at the H A certified judicial scrivener office located G in G at Jeju, the Defendant: (b) stated personal information, such as the name of the nominal owner, in the column of each person responsible for registration of the title holder and the debtor column of the “application for the establishment of a mortgage” with the maximum debt amount of KRW 72 million in the title holder’s shares in I; and (c) written the “establishment of a mortgage” for the purpose of registration, on the paper confirming the blank where the seal is affixed or the name of the nominal owner is stamped from the nominal owner; and (d) written the “establishment of a mortgage” for the purpose of registration.

The Defendant continued to borrow KRW 55 million from J at the same time and at the same place, the Defendant arbitrarily stated the debtor’s name and other personal information in the debtor column and affixed a seal.

As a result, the Defendant forged each proxy in the name of the nominal holder, written contract to establish a mortgage, written application for registration of the establishment of a mortgage, written confirmation, and forged a certificate of borrowed money in the name of D

B. The Defendant’s uttering of the above investigation document

at the time and place specified in the subsection above to K who is an employee of the above office without knowledge of the circumstances.

As stated in the subsection, the letter of delegation, mortgage contract, application for registration of the establishment of a mortgage, and confirmation document were delivered as if they were duly formed.

The defendant continues to be the same.