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(영문) 서울동부지방법원 2016.02.04 2015고단3698
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 11, 2010, the Defendant and C (one day name D, one death on February 2, 2014) borrowed KRW 434,00,00 from the above F Livestock Industry Cooperatives after establishing a collateral security right in the name of the Defendant on February 11, 2010, with respect to the “Seongsung-gu E 101-501,” under the name of the Defendant (hereinafter “instant apartment”). However, the Defendant and C (one day name D, one’s death”) arbitrarily cancelled the said collateral security right and obtained additional loans from other financial institutions and acquired the said money by fraud.

1. On June 18, 2010, the Defendant and C made an entry that “The head of the F Livestock Industry Cooperative Co., Ltd.,” and “The head of the FFF Co., Ltd., Ltd.,” written in the item column for the real estate indication column of the letter of proxy printed, stating that “Seongsung-gu E 101-501, Daejeon-gu E 101-501,” “Cancellation of the neighboring mortgage” in the item column for the purpose of registration, “The cancellation of the mortgage” in the item for cancellation, and “The head of the FF Co., Ltd., G” in the item for registration, and then stamped the seal of the head of the KF Co., Ltd. on his/her name and affixed it on his/her name.

As a result, the defendant and C made each of the delegations and terminations in the name of the president of the F Livestock Industry Cooperatives G, a private document related to rights and obligations without authority for the purpose of exercising them in collusion.

2. On June 18, 2010, the Defendant and C in collusion filed an application for the cancellation of the collateral on the instant apartment at the Daejeon District Court’s registration division located in Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, for the cancellation of the collateral on the instant apartment, and submitted the forged power of attorney and the certificate of termination to the registered public official who could not know his/her name, as if they were duly formed.

3. The Defendant and C at the time and place indicated in Paragraph 2, and the fact that there was no delegation from the F Livestock Industry Cooperatives to dispose of the instant apartment in fact, even though they did not have the authority to dispose of the instant apartment in fact.

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