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(영문) 대구지방법원 2015.03.13 2014고단6614

사문서위조등

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 30, 2015, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Daegu District Court, and the said judgment became final and conclusive on February 7, 2015.

The defendant is the representative director of Corporation D in Daegu Suwon-gu C.

On December 12, 2012, the Defendant borrowed KRW 50 million from E, and created a collateral security interest of KRW 301,000,000,000 for “F building 301,000,000,000,000,000 for the said company’s possession as a collateral, around January 15, 2013.

However, due to the difficulties in the financial situation of the company, the victim's right to collateral security was cancelled and then the above real estate was disposed of.

1. On March 20, 2013, the Defendant: (a) obtained the consent of the collateral mortgagee by posting a telephone at the office of a certified judicial scrivener H office located in Young-gu, Suwon-gu, Suwon-si, G apartment shopping district; and (b) requested the preparation of documents necessary for the cancellation of the registration of the establishment of neighboring facilities.

Accordingly, the staff I of the above certified judicial scrivener office stated the "F building 3-301" in the real estate indication column in the proxy form using the computer, "the termination of March 2013", "the cancellation of collateral security" in the registration column, "the creation of collateral security registered as No. 6505 of January 15, 2013" and "the establishment of collateral security registered as No. 6505 of January 15, 2013", and "E, Gyeong-do J. J, 103 Dong 1402" and put a seal on the victim's name prepared in advance.

In addition, I, using the computer, enter the “F building 3-301 in the real estate indication column of the application form for registration of cancellation of collateral security,” “the termination on March 2013,” “the cancellation of collateral security” in the column of registration purpose, “the creation of collateral security, which was made on January 15, 2013 by receipt No. 6505,” and “name E, resident registration number K, address Gyeong-si, 103 Dong-do, 1402,” and then printed out the “name E, resident registration number K, address 103 Dong-do, 1402” in the column of registration purpose.