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(영문) 서울중앙지방법원 2017.03.15 2016고정4311

사문서위조등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

When the Defendant borrowed from the obligee B and C, the Defendant, who is operating a leasing business, had the husband D’s seal impression in custody, and had the husband D’s seal impression in preparation of a loan certificate with the husband D’s name and a mortgage creation contract.

1. Forging a private document or uttering of a falsified investigation document;

A. On August 20, 2012, the Defendant: (a) prepared D’s loan certificates in the name of the obligee B, the obligor D, the amount in KRW 20,000,000; (b) May 29, 2012 on the date of the loan; and (c) kept in advance on the name of the said D.

D’s seal imprint, which affixed the head of the D, forged a copy of a loan under the name of D, which is a private document on rights and obligations, and submitted it to B who is aware of the forgery.

B. On June 7, 2013, the Defendant: (a) prepared a D’s loan certificate in the name of the obligee C, obligor D, the amount of which is fixed, and June 7, 2013, stating “A” in the name of the obligee C, obligor D, the amount of which is fixed; and (b) had been kept in advance on the name of the said D.

D’s seal imprint affixed the head of the D and forged a copy of a loan certificate under the name of D, which is a private document on rights and obligations, and submitted it to C who is aware of the forgery.

(c)

On December 31, 2013, the Defendant: (a) prepared a certificate of borrowing of D’s name stated as “D’,” from December 31, 2013 to December 31, 2014; and (b) kept in advance on the name of the said D’s name on December 31, 2013.

D’s seal imprint affixed the head of the D and forged a copy of a loan certificate under the name of D, which is a private document on rights and obligations, and submitted it to C who is aware of the forgery.

(d)

On December 31, 2013, the Defendant: (a) prepared a copy of the agreement on the creation of a collateral security in the name of D, stating, “The creditor and the mortgagee C, the debtor and the mortgagee D, the maximum amount of claims, 00 million won on December 31, 2013,” and was kept in advance on the name of the said D.