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(영문) 인천지방법원 2013.10.17 2012고단10466

사문서위조등

Text

The defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged of this case is as follows: the Defendant: (a) was a person who was acting for the sales of a housing complex for all lots of land, and H, and H, and eight parcels of land, purchased by the victim D from F and G, and the victim and the above E agreed to set a regional right over the above L, M, N, andO land owned by the victim to the above E in order to guarantee the right to passage over the land; and (b) was aware that the victim and the above E agreed to set a regional right over the above E to the land owned by the victim; and (c) was entrusted with the affairs related to the creation of an easement from the above E, and was willing to include the above P land owned

1. On March 22, 2011, the Defendant forged private documents: (a) at the upper corner of the posado in Incheon Strengthening-gun, Incheon, where F, G’s seal affixed to “real estate indication column” and “person responsible” are blanks; (b) delegated the affairs related to the establishment of easement by receiving a printed proxy form, and delegated the affairs related to the application for and withdrawal of the establishment of easement; and (c) after having the staff R of the Qua Certified Judicial Scriveners Office, who knows that the pertinent P land owned by the Defendant is not included in the dominant land in the real estate indication column of the said delegation letter of delegation, the Defendant indicated the dominant point, and the obligor.

4. The Ministry of Strategy and Finance stated “F, Bupyeong-gu Incheon Metropolitan City S building 908, G, and Seo-gu Incheon Metropolitan City T” as “F, Bupyeong-gu Incheon Metropolitan City S building 908, Seo-gu Incheon Metropolitan City.”

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

2. On May 9, 201, the Defendant: (a) requested the Incheon District Court’s reinforcement registry office of the Incheon District Court to file an application for the registration of the establishment of easement; and (b) exercised the forged power of attorney to the public official in charge of the registration of the establishment of easement, who is aware of the forgery, submitted the forged power of attorney as if it were duly constituted.

2. Determination Doctrines, ① Land belonging to each dominant land over which the said J land is a servient estate, respectively.