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(영문) 대구지방법원 서부지원 2016.02.05 2014고단1331
공전자기록등불실기재등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants borrowed 100 million won for construction of urban-type residential housing from G to promote the construction of land located in Gyeongcheon-si, Kimcheon-si (hereinafter “instant land”), and set up as security the lower right (hereinafter “instant neighboring mortgage”) in the name of H, who is the leakage of G in the said land, on the said land. However, Defendant A was willing to arbitrarily delete the instant mortgaged mortgage by using a written certificate, such as having been kept in custody on behalf of the investors due to the said mortgaged mortgage.

1. Defendant B

A. On December 24, 2013, around 15:40 on December 24, 2013, the Defendant: (a) obtained a delegation from the saidJ’s office to cancel the registration of the establishment of a right to collateral security; (b) obtained a seal from H; and (c) filed for the registration of the establishment of a right to collateral security.

Therefore, in the proxy form stating the purport to delegate the act related to the application for registration by using a computer, the above J cancelled-gu shall cancel the mortgage "the purpose of registration" which terminated on December 26, 2013, "Gyeongbuk-do, Kimcheon-si, Kimcheon-si, 690 square meters, grounds for registration and date of registration" with the indication of real estate "the purpose of registration", "Yung-gu, Jung-gu, Seoul, and 807, H's seal shall be stamped next to the name, and H's seal shall be stamped on the letter of delegation form stating the purport to delegate the act related to the application for registration by using the computer, and shall be marked only on the letter of other proxy forms of the same form."

2. He stated “A” of the Dong F 326m2 in the same place, and post H’s seal in his name.

Accordingly, for the purpose of exercising authority, the defendant set up two proxy forms in the name of H, a private document related to rights and duties, respectively.

B. On December 26, 2013, the Defendant: (a) around 14:10, the Daegu District Court, in the Gancheon-dong Kim Jongcheon-dong, in which the J’s name cannot be known, exercised the said investigation document by having the registry official submit two forged power of attorney as described in the above 1-A as if they were duly constituted.

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