사문서위조등
The judgment of the court below is reversed.
The punishment of the accused shall be eight months by imprisonment.
However, from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In light of the fact that the auction procedure of real estate as indicated in the judgment below is in progress, the sale price was lower to the extent that it does not reach the amount of claims of the senior mortgagee, and that E, despite being aware of the fact that there was a certificate of seal impression when there was a right to collateral security, L did not pay a promissory note payment on May 30, 2013, and even if L did not pay a promissory note payment on May 31, 2014, E did not demand the return of a certificate of collateral security right. In light of the fact that E did not demand the return of a certificate of collateral security right even if a promissory note payment was not made on February 12, 2014, and issued a certificate of collateral security right to the Defendant upon partial repayment of the amount of KRW 20 million to the Defendant, but the Defendant did not cancel the application for registration of collateral security for debt settlement with the senior mortgagee, it cannot be said that the Defendant forged and exercised the power of delegation after the conciliation of debts.
Nevertheless, the court below found the defendant guilty has erred by misunderstanding the facts.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. 1) The following facts are acknowledged according to the evidence duly adopted and examined by the lower court.
① On November 9, 2010, on the real estate (hereinafter “instant real estate”) owned by the Defendant N, the first priority collateral security was established, which was the cause of creditors M&A (hereinafter “M bank”) and the maximum amount of claims KRW 1.729 billion.
In addition, in order to secure a loan claim of KRW 190 million against the Defendant and N, E has been set up a second priority collective security (hereinafter “instant collateral security”) with the maximum amount of KRW 285 million on the instant real estate on the same day, and the Defendant and the Defendant N on the same day in order to secure the above loan claim.