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(영문) 서울북부지방법원 2020.04.10 2019고단4279

사문서위조등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2018, the Defendant requested C limited liability company, the obligee, to submit an application for postponement of the date of sale with respect to the voluntary auction procedure of Dobong-gu Seoul Metropolitan Government B Apartment, which is the Defendant’s ownership, to the creditor, but was rejected, and the Defendant was willing to submit the application for postponement of the date of sale and power of attorney

1. Forgery of private documents;

A. A. Around November 2018, the Defendant forged an application for the change of the sale date with the title “an application for the change of the sale date” using a computer from the French land, which is the “application for the change of the sale date: D real estate auction, creditor: CLLC, debtor: A limited company, and debtor: E in the instant case, as the agreement on the repayment method of the credit with the debtor is in progress with respect to the instant case, and thus, the date of sale is prior to the request for the change of the sale date. In addition, on November 19, 2018, the Defendant printed the application into the name “C-based limited company’s director F of the creditor limited company, and C-based auction of the Northern District Court,” and then forged an application for the change of the sale date in the name of C-based limited company, which is a private document related to the rights and obligations, with the intention of exercising the director’s seal affixed to the said F-name arbitrarily.

B. On November 2018, the Defendant’s proxy forgery is named as “a delegation letter” by means of a computer at an unspecified site on a November 2018, with the name: A and the above person’s agent; and delegates all the following matters to the Defendant:

1. Submitting an application for change of the date of sale in the D real estate auction case;

2. In all other acts related to the above acts, on November 19, 2018, stating “the director F of creditor C limited liability company, the director F of director of the creditor C limited liability company, and the third auction of the North Northern District Court”, and output it, and forged a letter of delegation in the name of C limited liability company, which is a private document related to rights and obligations, for the purpose of exercising the official seal of C limited liability company, which is arbitrarily excluded from the above F name.

2. The Defendant’s uttering of a falsified document is the Dobong-gu Seoul Metropolitan Government around November 19, 2018.