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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The defendant did not directly verify whether the registration of cancellation of the establishment of the right to collateral security against the person with neighboring mortgage has been conducted with the registration of cancellation of the registration of the establishment of the right to collateral security against the real estate in this case, and even if the defendant was found guilty of the forgery of the private document and the failure to exercise the right to collateral security, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is a certified judicial scrivener who operates a certified judicial scrivener office in South-gu, Dong-gu, Seoul.
On October 17, 2013, the Defendant created a right to collateral security (hereinafter referred to as the “right to collateral security registration of this case”) with the delegation from Asan City E and other real estate (hereinafter “instant real estate”) (hereinafter “instant real estate”) of the Victim D Co., Ltd., Ltd. (hereinafter “D”) as the right to collateral security with the maximum amount of claims KRW 100,000,000.
The Defendant, at around November 18, 2013, stated that “the establishment of a collateral security made by F on October 17, 2013,” “the date of registration,” “the date of preparation,” and “the date of preparation,” on the proxy form “B” column, stating that the Defendant, without authority, was delegated by D with the cancellation of the right to collateral security, the Defendant forged a letter of delegation in the name of D, a private document related to the right and duty (hereinafter “the power of attorney of this case”), and issued the said letter of delegation to the employees of Daejeon District Court 7,000,000, in order to exercise the right without authority, as seen above, as if he were aware of the fact that it was established at the registration office of Daejeon P, a private document related to the right and duty.”
B. The lower court’s judgment is as follows, which is recognized by the record.