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(영문) 서울서부지방법원 2013.09.06 2013고단921

사기등

Text

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

except that 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

Around April 2009, the Defendant borrowed KRW 30 million from C, and then again lent it to D to acquire intermediate marginal profits, with the intention to establish a provisional registration of the right to claim ownership transfer registration in the name of C in the Gangseo-gun of the Gangwon-gu Office owned by C without the consent of C.

1. On April 17, 2009, the Defendant forged private document: (a) stated, in the indication column of the real estate in the letter of delegation prepared in advance at the Defendant’s office located in Seocho-gu Seoul, Seocho-gu, Seoul, that “Seoul-do E- 15372 square meters; (b) trade reservation on April 16, 2009; (c) “provisional registration of ownership transfer claim” in the registration purpose column; and (d) “C and Songpa-gu Seoul building G building 210-1602” in the provisional registration purpose column; and (c) affixed C seal created in advance on the name of the Defendant.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of C, which is a private document on rights and obligations.

2. On April 20, 2009, the Defendant: (a) had an employee H who is aware of the fact apply for provisional registration of the right to claim ownership transfer registration of the pertinent real estate at the Bupyeong-gu, Pyeongtaek-gu, Pyeongtaek-gun; (b) had the employee H submit a false statement of the right to claim ownership transfer registration of the said real estate to the public official under the name unknown name unknown name as if the registration was duly constituted.

3. The Defendant entered false records, such as public electromagnetic records, etc., at the same time and place as paragraph (2), had a certified judicial scrivener employee who is aware of the fact that the Defendant had not been delegated by C with the authority to file a provisional registration of the right to file a claim for ownership transfer registration.

Accordingly, a public official who knows the fact was entered in the register of the real estate in a usual registry office, so that the provisional registration of the right to claim transfer of ownership can be made on April 16, 2009 in the registry of the real estate C.

This is the defendant.