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(영문) 창원지방법원 2015.02.12 2014고단2550
사문서위조등
Text

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

Reasons

Punishment of the crime

On October 23, 2012, the Defendant borrowed KRW 100 million from C, and set up a right to collateral security of KRW 100 million with the mortgagee C, obligor D, and maximum debt amount of KRW 80 million on the apartment of Changwon-gu, Changwon-gu, Sungwon-gu, 107 and 1413, which is the Defendant’s mother, as the Defendant’s mother. However, on March 12, 2013, the Defendant decided to sell the said apartment after cancelling the registration of the right to collateral security.

1. Forgery of private documents and the display of private documents;

A. On March 12, 2013, the Defendant entered the application for cancellation of the registration of the right to collateral security and the indication column of real estate on the real estate on the application form for cancellation of the registration of the right to collateral security kept there, and affixed C’s seal in advance on the name, stating in the description column of real estate on the letter of delegation, “Seong-gu E Apartment-gu, Sungwon-si, Sungwon-si, Seoul Special Metropolitan City”, “Cancellation on March 12, 2013” in the ground for registration and its date; “Cancellation on the right to collateral security” in the registration column, “registration of the right to collateral security made on October 23, 2012,” “C, F, and address column”; “C” in the registration column; “C,” “C,” “C” in the applicant column,” “C”, and “C” in the name side.

For the purpose of exercising authority, the Defendant forged a letter of application for cancellation of registration of collateral security and a letter of delegation in the name of C, which is a private document on rights and obligations.

B. The defendant 1-A

At the same date, time, and place as described in the subsection, the application for cancellation of forged collateral security registration and the power of attorney were submitted to the registrar as if they were duly formed.

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

A. The defendant 1-A

If a public official who registered the name in the same date and place as stated in the paragraph has registered the said real estate at the time and place, and completed the registration of cancellation of the registration of the establishment of the neighboring mortgage CBB on October 23, 2012, a false report is made with respect to the public official and the same as the building register.

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