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(영문) 수원지방법원 성남지원 2014.07.17 2014고정891

사문서위조등

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. The Defendant is a manager of a limited liability company C, a corporation established for the purpose of arranging accommodation business, etc. for travel, and without authority to cancel the registration of creation of a mortgage over the maximum debt amount of KRW 50 million established with the victim E as a mortgagee on March 4, 2013, regarding the Jeju-si Office G Real Estate located in Seongbuk-gu, Seongbuk-gu, Seoul-gu, 221, the name of the victim, who was aware of in advance, was affixed to the name of the person liable for registration of real estate registration, affixed a seal affixed to the victim’s name, and forged the proxy form in the name of the victim, which is a private document on the right and duty of rights and duties, with the intent to cancel the registration of creation of a mortgage over the maximum debt amount of KRW 50 million established with the victim E as a mortgagee on September 30, 2013. On October 1, 2013, the Defendant had the public official of the Defendant, who was aware of the forgery of the above proxy form, present the forged document.

2. On October 1, 2013, the Defendant had H apply for the registration of cancellation of the right to collateral security under the victim’s name on March 4, 2013 at the Jeju District Court for the registration of cancellation of the right to collateral security under the victim’s name on October 1, 2013, and had a registry official know of such fact enter false facts in the original copy of the notarial deed and exercise the right to collateral security without delay.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. A certified copy of the register.

4. Application of Acts and subordinate statutes to a copy of an application for cancellation of registration of establishment;

1. Relevant Article 231 of the Criminal Act; Articles 234, 231, and 34 (2) and (1) of the Criminal Act; Articles 228 (1), 34 (2) and (1) of the Criminal Act;