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(영문) 대구지방법원 2019.01.10 2018고단3891

사문서위조등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In order to secure KRW 500 million borrowed from G on January 27, 2016, the Defendant: (a) set up a right to collateral security with a maximum debt amount of KRW 500 million on the Marart, 27, 2016, the Defendant borrowed KRW 450 million from H under the pretext of termination of G’s right to collateral security; (b) on August 2016, the Defendant borrowed KRW 450,000 from H under the pretext of termination of the right to collateral security; and (c) on a comprehensive basis to secure obligations, including personal loans, incurred by himself/herself to H, the Defendant agreed to set up a right to collateral security with a maximum debt amount of KRW 1.8 billion on the Marart, 2016.

1. On August 30, 2016, the Defendant forged private documents. The “Attorney P” written in the indictment by the law firm J (Attorney K in charge) in the 13th floor of the Daegu Suwon-gu, Daegu, is apparent to be a clerical error. In light of the process of the hearing in this case, even if the indictment was corrected without any amendment to the indictment, it does not seem to have a substantial obstacle to the Defendant’s exercise of his/her right to defense. Accordingly, the Defendant corrected

The office terminated the right to collateral security under the name of G and did not properly explain the circumstance that B newly created the right to collateral security equivalent to KRW 1.8 billion with the maximum debt amount of KRW 1.8 billion with the obligee H and without the explicit consent from B, and had an employee who is unable to know the name of the office concerned prepare a power of attorney to file an application for registration of the right to collateral security, and affixed B’s seal in the indication column of the building in the Daegu Metropolitan City, Seogu L, M apartment D and E, Daegu Metropolitan City C and N, Daegu Metropolitan City C and N, and the maximum debt amount in the indication column of the land.

In this respect.