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(영문) 창원지방법원 2012.06.08 2011고단4147

사문서위조등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, as a contractor who constructed a multi-family house of the victim E in the window D of Changwon-si, received the down payment for the said new construction work from the victim on April 10, 2009, determined the victim as the creditor, the maximum debt amount as KRW 70 million, and made a registration of the establishment of a neighboring building No. 102, 1101, Jinhae-gu, Seoul Special Metropolitan City as a security for the implementation of a construction contract and repair of defects owned by the Defendant. As the delay in the progress of construction, the Defendant was anticipated to file a claim for damages due to delay in performance and construction from the victim, the Defendant was willing to arbitrarily cancel the registration of the establishment of a new mortgage on the ground that the Defendant possessed the registration certificate of the establishment of a new mortgage.

On August 20, 2009, the Defendant forged a letter of delegation in the name of E, a private document on rights and duties by allowing the victim and the defendant to affix prior seal on the letter of proxy, which is a private document on the right and duty of the victim, if he pretended to be authorized by the victim to register the cancellation of the registration of the establishment of the neighboring mortgage without the authority to exercise it, and as such, he pretended to be entrusted by the victim with the authority to register the cancellation of the registration of the establishment of the neighboring mortgage.

2. Around August 21, 2009, the Defendant, at the Changwon District Court, in Changwon-si, Changwon-si, 655-1, had the above H submit the forged power of attorney as stated in paragraph (1) to the public official who was unaware of the fact, as the same as paragraph (1).

3. The defendant is holding a false entry in the original of a notarial deed and an exercise of a notarial deed, at the time, place, and in the same manner as paragraphs (2) and (3), the 102 F building in the Jinhae-gu, Jinhae-si.