사문서위조등
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person engaged in construction business and implementation business.
Around May 2007, the Defendant received an investment of KRW 50 million from each of D and two other, respectively, under the pretext of “after purchasing the land located in Chungcheongnam-si, Chungcheongnam-si, and then paying profits from the development project,” and around March 201, the Defendant established a provisional registration of the said land in the name of D in relation thereto.
On May 2012, the Defendant: (a) cancelled a provisional registration right under D name when the development project was not carried out smoothly; (b) had the intent to newly establish a provisional registration right under D name E, the Defendant’s seat; (c) had the intent to forge and exercise a certificate of seal impression, a document necessary for cancellation of provisional registration under D name, a certificate of seal impression, a letter of delegation for issuance of an abstract of resident registration; and (d) a letter of delegation for application for provisional registration necessary for the cancellation of provisional registration.
1. On May 18, 2012, the Defendant: (a) stated “D” in the letter of delegation for certification of seal imprint and, for the purpose of cancelling a provisional registration right to real estate located at the F Dong Office located in Chungcheongnam-si, Chungcheongnam-si; (b) stated “D” in the letter of delegation for certification of seal imprint; and (c) stated its resident registration number in the next page; and (d) held in advance next to the named D’s name.
D’s seal imprint affixed a letter of delegation.
However, around May 2012, D heard the explanation from the Defendant that “it is to be used to obtain documents related to the performance of business, such as construction contracts, the liquidation of corporate executives, etc.,” and the Defendant did not agree to obtain a certificate of seal impression necessary for the cancellation of provisional registration only with respect to the issuance of a certificate of seal impression necessary for the cancellation of provisional registration.
In the end, for the purpose of exercising the right, the Defendant’s letter of delegation for certification of facts in the name of D, stipulated “a letter of delegation for certification of personal identification.”