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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
[2016 Highest 2785]
1. From August 30, 201, the Defendant asserted that there was a claim for construction cost of KRW 350,000,000 in respect of building E on the land outside Da and four parcels of land, and exercised the right of retention on May 16, 2016, the Gwangju District Court’s netcheon Branch F pursuant to the delegation of G enforcement from F by the enforcement officer of netcheon Branch F of the Gwangju District Court was notified of the date of registration of the building name according to the Decision 4583.
Accordingly, in order to escape from the execution of surrenderation on the above building, the Defendant: (a) around April 10, 2010, sent a notice of transfer of claim to the effect that the Defendant, the Defendant, was assigned a lien corresponding to a part of the claim for construction price and a part thereof from the Defendant; (b) was forged as if he sent the notice of transfer of claim to the court, enforcement officer, etc. on April 16, 2010, and submitted it to the court, etc.
On May 2010, the Defendant added the part of the document proving the content of the Defendant’s office located in the above building, stating that “I” and the sender “J Co., Ltd.” request “I” to provide the order of the above building to “I” and that “this mail was sent by a document proving its content by means of a document proving its content.” On April 2010, the Defendant added the copy of the document stating that “L, M, N” and the sender transferred the claim amounting to KRW 120,000,000 among the construction cost claims amounting to KRW 350,000,000,000 to “A” with the receiver’s “L, M, N, and the sender transferred the claim amounting to KRW 120,00,00,000 to H and the lien pursuant thereto.”
Accordingly, for the purpose of uttering, the Defendant forged the content-certified Sticker under the name of the head of the post office of the Yecheon-dong post office.
2. On May 25, 2016, the Defendant holding a forged official document will execute the name map of the above building from F with the above enforcement officer F in the above building on May 25, 2016 (number of cases: the Gwangju District Court’s net support.