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(영문) 수원지방법원 안양지원 2018.10.16 2015고단1572

공정증서원본불실기재등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

[criminal record] On September 26, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement in the support for the care of the Suwon method, and the judgment became final and conclusive on February 6, 2014.

[Criminal facts]

1. The Defendant forged private documents, via a broker B, signed an agreement to purchase the instant real estate of 3,934 square meters (hereinafter “instant real estate”) prior to D, Chungcheong-gun, Chungcheong-gun, Chungcheongnam-do, C, and to obtain the registration of ownership transfer, and even without obtaining C’s consent on the establishment of the right to collateral security, the Defendant entrusted the registration of the establishment of the right to collateral security with regard to the instant real estate to the Gu E buildings and G offices located in the Gu E and F during Ansan-si, on December 17, 2012.

Accordingly, the director H et al. of the office of a certified judicial scrivener who knows such fact at the above certified judicial scrivener office around that time indicated the real estate in this case, the contract to establish a collateral, the contract to establish a right to collateral security, the establishment of a right to collateral security, the maximum amount of the claim amount of KRW 50,000,000, the debtor C, the debtor C, the person without registration, and the registered right holder I on December 18, 2012, which was aware of the establishment of the right to collateral security in the written form of the contract to establish the right to collateral security.

Accordingly, for the purpose of exercising, the Defendant forged a mortgage creation contract in the name of C, which is a private document on rights and obligations.

2. On December 18, 2012, the Defendant: (a) requested Cheongju District Court Branch registry to file an application for registration of the establishment of the right to collateral security with respect to the instant real estate with H, etc. who is aware of such fact; and (b) exercised the said investigation document by having a registered official under his/her name, who is aware of such fact, submit it as if it was duly formed.

3. Although the Defendant did not obtain consent to the establishment of a right to collateral security from C at the time, place, and place specified in paragraph 2, the Defendant, such as public electronic records, did not know of such fact. Paragraph 2.