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(영문) 서울동부지방법원 2015.04.01 2014고단1058

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

The defendant is a double-born victim of the network E, and the victim F is a victim of the E.

The Defendant, on October 15, 2010, received testamentary gifts from Seongdong-gu Seoul Metropolitan Government G land and buildings thereon (hereinafter “first testamentary gift”), and the victim received the testamentary gift from E on February 16, 201 (hereinafter “second testamentary gift”), and therefore, the victim is deemed to have withdrawn the first testamentary gift because the first testamentary gift conflicts with the content of the second testamentary gift.

Nevertheless, upon the death of E on February 19, 2013, the Defendant had a notarial deed of testamentary gift No. 1 in his/her name.

1. On February 28, 2013, the Defendant filed an application for the ownership transfer registration of the said real estate with H on February 28, 2013 at the Seoul Eastern District Court located in Jinyang 2, Seoul, Gwangjin-gu, Seoul, and 680-22.

Accordingly, on February 19, 2013, a registry official who is not aware of the above court's name was electronically entered in the land register and building register of the above real estate, so that the transfer registration based on legacy can be completed.

As a result, the defendant made a false report to a public official, and made the same electronic records as the original copy of a notarial deed to record false facts in the land register and building register, and held it immediately.

2. Destruction of and damage to property, and damages to a structure;

A. At around 14:00 on March 1, 2013, the Defendant: (a) destroyed the locks equivalent to KRW 20,000 at the market price, which was corrected at the fourth floor entrance and the inner entrance of the debt entrance, to the real estate owned by the victim F, the legal heir of the network E, and infringed by entering the door.

B. On March 2, 2013, the Defendant destroyed and damaged the locks of the above real estate by the aforementioned methods, and intruded by entering the said real estate.

C. The Defendant, around March 3, 2013, by the foregoing method.