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(영문) 의정부지방법원 고양지원 2014.10.08 2013고단1399

사문서위조등

Text

The defendant shall be innocent.

Reasons

1. A certified judicial scrivener on December 12, 201, the summary of the facts charged in the instant case: (a) the Defendant, as a certified judicial scrivener, requested that C and D cancel D’s right to collateral security (hereinafter “instant land”) on December 13, 201, when C and C obtain a loan from a financial institution as collateral and thereby preventing the progress of auction by paying the loan to C and their children, the children, F, G, and H, 7,484 square meters (hereinafter “instant land”); and (b) the Defendant cancelled D’s right to collateral security (hereinafter “instant land”). < Amended by Act No. 11143, Dec. 13, 2011>

After that, the Defendant was unable to obtain a loan from a financial institution, and the voluntary auction procedure for the instant land continued, the Defendant was willing to set up a collateral security right in the name of the Defendant and I with respect to the instant land, with the concern that if the instant land was awarded a successful bid, it would not recover the Defendant’s claim of KRW 78 million against C.

On January 18, 2012, the Defendant forged private documents: (a) the title, “a collateral security holder and a creditor-mortgage-mortgage” using a computer at the office of a certified judicial scrivener in Yongsan-gu, Yongsan-gu; and (b) the title, “a collateral security holder and a creditor-mortgage”:

1. A,

2. I, the debtor: C, F, G, H, and the maximum debt amount: the sum of KRW 310,000,000 (Won 310,00,000), the parties concerned shall enter into a mortgage contract as follows:

On January 18, 2012, 2012, as well as creditors of the right to collateral security:

1. A,

2. I and the debtor:

1. C,

2.F;

3. G:

4. Indication of H and real estate: A mark of C, F, G and H’s seal, each of which was possessed by entering into, and printing out, the name of the debtor in order to be located next to the debtor’s name, Il-dong, Seoyang-gu, Seoyang-gu, Gyeonggi-do.

Accordingly, for the purpose of uttering, the Defendant forged a document establishing a mortgage in the name of C, F, G and H, which is a private document related to rights and obligations.

B. On January 18, 2012, the Defendant on the instant land at the Goyang-dong Branch of the High Court of the Republic of Korea located in the Dong-dong Dong-dong Dong-dong, Seoyang-si, Goyang-si. In the name of the Defendant and I.