(영문) 전주지방법원 2015.4.2. 선고 2014고단1430 판결

The defendant shall be ordered to provide community service for 150 hours, such as nature protection activities, welfare facilities, group service activities, public facilities service activities, etc.

Reasons

Criminal facts

The defendant is a pilot of C, who is in the third degree relationship with C.

The defendant used that D, the husband of C, did not have a spirit of dementia, made a transfer registration of ownership in D name, and the real estate recorded by the owner in C in the name of C is unregistered in the general building ledger, but the defendant had D receive the registration of ownership transfer under the name of C, and had D receive the registration of ownership transfer under the name of E, one of his children, and have D receive the registration of ownership transfer under the name of a deposit passbook for paying living expenses.

1. Forgery of proxy certificates of seal imprint, private documents, or uttering of falsified documents;

On June 18, 2012, the Defendant stated "A", "B", "B", "B", "B", "B", "B", "B", "B", "B", "B", "B", "B", and "I" in the relevant column on the letter of delegation of a certificate of seal imprint kept in his/her place for the purpose of exercising his/her authority. On June 18, 2012, the Defendant stated that "C", "C", "C", "G", and "I", and "B" in the name and address column of C's office, and had C affix the seal imprint affixed to D, and issued the same letter of delegation under the name of C, a private document related to rights and obligations, and forged the certificate of seal imprint and issued it under the name of C, and he/she did not know that it had been formed.

2. Violation of the Resident Registration Act.

The Defendant received a copy of C’s resident registration certificate using a forged certificate of seal imprint as mentioned above at the time and place specified in paragraph (1) in an unjust manner.

3. Forgery of delegation certificates, private documents, and uttering of perjury documents concerning an application for registration of real estate;

A. On June 18, 2012, the Defendant printed C’s seal attached to Kim Jong-si’s JAD office located in Kim Jong-si, without authority, for the purpose of exercising his/her authority, on the real estate indication column in the power of attorney, which was kept in his/her own computer, the Defendant: (a) signed C’s seal attached to C’s name on the application for registration of the preservation of real estate in the name of Kim Jong-si’s name; (b) forged the power of attorney on the application for registration of the preservation of real estate in the name of Kim Jong-si’s name; (c) forged the right of attorney on the application for registration of the preservation of real estate in the name of documents related to rights and obligations; and (d) forged the right of attorney on the application for registration of the preservation of real estate in the name of documents related to rights and obligations; and (d) forged the right of attorney on the application for registration; and (e) issued the right of attorney on the registration of the real estate in the name of the registry.

B. On June 18, 2012, the Defendant printed C’s seal attached to Kim Jong-si’s JAD office located in Kim Jong-si without authority for the purpose of exercising his/her authority, as if he/she had D affixed his/her name and affixed his/her seal on the application form for the registration of real estate transfer in the name of Kim Jong-si, K, H, one Dong, and lighting (cement brick) slab roof 2, 1st floor, 97.49m, 2nd floor 65.7m, 65.7m, 9m, 65.7m, 2nd floor 1st floor 1st floor 1st floor 1st, 9.5m, 9.5m, 200, 3rd and Kim Jong-si L, and then issued the power of delegation on the application form for the registration of real estate transfer in the name of Kim Jong-si’s name and the applicant form.

4. False entry into public electronic records, and any event such as false entry into public electronic records; and

On June 21, 2012, the Defendant: (a) in the Kim Jong-dong, Kim Jong-dong on Kim Jong-si on June 21, 2012, and (b) in fact, Kim Jong-si, Kim Jong-si, H, and one unit was not purchased from the owner C; (c) although he was unaware of such fact, a certified judicial scrivenerJ requested the registration of ownership preservation of the said real estate to file an application for ownership transfer registration in the name of Kim Jong-dong, the Defendant

Accordingly, by making a false report to a public official who is not aware of such fact, the building register of the above real estate shall be entered into the building register of the above real estate in a computerized form so that the registration of ownership transfer based on sale and purchase as of June 14, 2012 can be completed, and recorded false facts in the building register of the same electronic records as the original copy of the notarial deed and exercised the above building register with the aforementioned false facts stated therein.

Summary of Evidence

1. Statements made by the criminal defendant in the second protocol of the trial, which fit for such statement;

1. Statement to C by the police;

1. A letter of delegation of registration of ownership preservation, an application for registration of ownership preservation, a letter of trust on the registration of ownership transfer, an application for registration of ownership transfer, a certificate of personal seal impression, an abstract of resident registration card,

1. A detailed statement of DNA dementia treatment;

1. Investigation report (J, M Statements);

Application of Statutes

1. Article applicable to criminal facts;

Articles 231, 234, 228(1), and 229 of the Criminal Act; Article 37 subparag. 5 of the Resident Registration Act; the main sentence of Article 29(2) of the Resident Registration Act (Appointment of imprisonment with prison labor);

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

In light of the methods and circumstances of crimes, etc., such as the completion of the registration of ownership transfer regarding D-owned real estate by forging relevant documents by the Defendant, etc., the crime is inferior. However, the legal dispute between the Defendant and C surrounding the above real estate has been settled to a certain extent, such as the fact that the Defendant delayed later through confinement life for a considerable period of time, and the cancellation of the above registration of ownership transfer under E through civil litigation, etc.

The punishment shall be determined as per the disposition, comprehensively taking into account the various circumstances shown in the records of the instant case, such as the points that can be seen.