On October 17, 2013, the Defendant established the right to collateral security (hereinafter referred to as the “registration of the instant right to collateral security”) with the delegation of the Victim “D” (hereinafter referred to as “D”) on the real estate (hereinafter referred to as “the instant real estate”) including Asan City E, etc. (hereinafter referred to as “the instant right to collateral security”) and with the maximum debt amount at KRW 100,000,000.

On November 18, 2013, the Defendant stated “the establishment of a right to collateral security, which was made in F on October 17, 2013,” “the cause of registration and the date of its establishment,” “the date of its establishment,” and “the date of its preparation,” in the column of “the matters to be cancelled,” without authority, by means of a computer, to the effect of exercising the right, although the Defendant was not delegated by D with the cancellation of the instant right to collateral security.” On the same day, the Defendant forged “a letter of delegation” (hereinafter “the instant letter of delegation”) in the name of D, which is a private document related to the right and duty by affixing the seal affixed on D and affixed it to an employee who may have been aware of the fact at the Incheon District Court Branch of the Daejeon District Court 7,000 U.S. on July 7, 2013.”

2. Determination

A. Although the Defendant and his defense counsel did not have been delegated with the authority to cancel the registration of the instant right to collateral security directly by D, G, a debtor of the instant right to collateral security, believed that not only the right to create the right to collateral security registration, but also the right to register cancellation was delegated by D, and upon delegation from G, the instant power of attorney was prepared, and the instant power of attorney was accepted in advance in accordance with G (hereinafter “G”)’s performance memorandum at the time of establishment of the instant right to collateral security.