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(영문) 서울북부지방법원 2017.08.17 2015고단4470

사문서위조등

Text

Defendant

B A person shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On August 27, 2010, the Seoul Northern District Court was sentenced to one year of imprisonment for breach of trust in the Seoul Northern District Court, and the judgment became final and conclusive on December 29 of the same year.

Defendant

B On April 30, 2008, the F, etc. purchased G forest from Namyang-si, and completed the registration of transfer of ownership in the name of the victim H, and on June 10, 2008, after borrowing KRW 100 million from I around June 10, 2008, the right to collateral security was established with respect to the said forest land with the maximum amount of claims KRW 130 million, and around May 2009, I would receive additional loans from the bank on the face of the State or dispose of the said real estate to repay I first priority obligations.

“Around May 15, 2009, I agreed with the above purport and issued I a certificate of seal impression in the name of I, which is a document necessary for the termination of the above neighboring mortgage. Defendant A, a judicial scrivener, applied for a loan of KRW 800 million to the future mutual savings bank through Defendant A, who was an employee of the J judicial scrivener, but did not receive the loan due to the reasons such as the amount of loan approval was anticipated to be KRW 700 million, etc., he borrowed KRW 90 million, which was known through Defendant A’s introduction, and transferred I’s I’s right to collateral security established in the above forest to K using the above I’s certificate of seal impression (Defendant B was punished as the crime of breach of trust as seen in this case). After, Defendant B, through Defendant A around November 2009, requested Defendant B to obtain the above B’s consent by taking additional loans from a bank or by disposing of the above real estate with the above real estate as the top priority obligation, and was given Defendant A’s consent as a collateral.”

Accordingly, Defendant B was in possession of the victim’s seal impression level, etc. for the purpose of selling the above forest at the time, and the Defendant and the victim.