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(영문) 수원지방법원 안산지원 2017.03.30 2017고단121

사문서위조등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Criminal facts

1. On May 26, 2014, the Defendant forged private documents: (a) prepared an application for registration of the establishment of the right to collateral security with the intent of setting the maximum amount of KRW 17,500,000 with respect to D apartment Nos. 202, 1101, Ansan-si, Yongsan-si, Busan-si, a member of the Suwon-si District Court, for the purpose of exercising his/her authority at the office office of the registration of the establishment of the right to collateral security with the Defendant as the debtor; and (b) held in the column of the obligation to register the personal information of E

E’s seal imprint, and continuously preparing a power of attorney to the Defendant to delegate the above contents to the Defendant for the registration of establishment of a collateral security with the foregoing contents, and the following possess the E’s personal information in the column for registration:

E’s seal imprint has also been sealed.

As above, Defendant 1 and Defendant 2 respectively provided an application form for registration of the establishment of the right to collateral security in the name of E, a private document regarding the right and duty, and one power of attorney.

2. The Defendant, at the same time and place, filed an application for registration of the establishment of the right to collateral security with respect to the above apartment at the same time and place, submitted the application form for registration of the establishment of the right to collateral security and the power of attorney to an employee who may know of the fact that the application

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police statement to E (second time);

1. Application of Acts and subordinate statutes, such as an application for registration of creation of collateral security and a proxy copy;

1. Article 231 of the Criminal Act (the occupation of Article 231 of the same Act on Private Document) and Articles 234 and 231 of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of gambling documents in the above investigation);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, the age, sex, and environment of the defendant, and the background and means leading to the instant crime.