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(영문) 춘천지방법원 2013.10.10 2013고단48

공정증서원본불실기재등

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On April 2007, the Defendant arranged the sale of the H multi-household housing constructed in Chuncheon City from the (State)F operated by the Defendant-friendly E, to the victim C and D, and caused the said C to purchase the said 301 unit price in 260,620,000 won, and the said D to purchase the said 302 unit price in 154,51,000 won.

( state)F made a registration of creation of a mortgage with the amount equivalent to the above sales price as the maximum debt amount against 7 units of the above multi-household units, including 101, 102, 103, 104, and 105 units of the above multi-household units, on October 27, 2008, because it is not possible to make the registration of ownership transfer to C and D due to the liabilities such as the right to collateral security and provisional disposition established for the above multi-household units, the F made the registration of establishment of a mortgage with the amount equivalent to the above sales price as the maximum debt amount, and then, the defendant ordered C and D to keep the relevant documents, such as the certificate of completion of the registration of the right to collateral security, from September 209.

On October 209, the Defendant applied for an auction of H multi-household housing at the Chuncheon District Court to the Chuncheon District Court for a bid at a low price of at least 50% of the appraisal price, and the (State)F was placed at the position to view losses. On behalf of the StateF, the Defendant carried out the business of cancelling auction after cancelling all legal relationships, such as provisional disposition, including the above C and D’s right to collateral security, on behalf of the said H multi-household housing, while selling the business of cancelling auction after cancelling the above C and D’s provisional disposition on behalf of the said H multi-household housing, without the consent of the said C and D.

On November 2009, at a place where it is unknown, the Defendant: (a) asked the J, who is keeping the aforesaid certificate of collateral security at a place where it is not known; (b) asked the KNFFF, who is in custody of the said certificate of collateral security; (c) then, (d) send the certificate of the victims’ registration to the KNFFC staff so that the said certificate of collateral security can be cancelled; and (d) let the JJ, who is unaware of such circumstances, send by facsimile the certificate of the above C and D’s registration of collateral security to the staff of KN