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(영문) 서울중앙지방법원 2015.06.18 2015고합380
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

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

Reasons

Punishment of the crime

On March 31, 2011, the defendant was sentenced to the suspension of the execution on July 1, 201 to two years and six months in the Seoul Central District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

From November 1, 1995 to December 2, 2009, the Defendant took overall charge of deposit, loan, and personnel management of the Saemaul Fund as a person who worked as the head of the C Saemaul Fund.

On November 17, 2008, the Defendant carried out the business of lending KRW 1.3 billion to debtorN, and as a security, registered the creation of mortgage (hereinafter referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage 1.69 billion won in the name of the Saemaul Depository with respect to the Gangnam-gu Seoul AP Apartment-dong 1, 306 (hereinafter referred to as the “instant apartment”).

After that, the Defendant received a request from Q to cancel the registration of creation of a new mortgage of this case, and decided to arbitrarily forge the power of delegation in the name of the president of the Saemaul Depository and cancel the registration of creation of a new mortgage.

1. On December 15, 2008, the Defendant forged private documents: (a) signed and sealed the seal impression of the president AS of the C community Credit Union president, who was in possession of the proxy form to cancel the registration of the establishment of the above neighboring facilities, at the C community Credit Union office located in Seongbuk-gu Seoul, Seoul, and then submitted a letter of proxy to the staff of the ATS-based legal office through Q; (b) called the above staff by phone to the above staff, and (c) made the above staff print out by stating “Seoul AP apartment 1, 306, 1, 306” in the real estate indication column of the power of attorney using the computer, “dissigning the registration of neighboring mortgage” in the purpose column of registration, and “C community Credit Union president AS Seoul Seongbuk-

Accordingly, the defendant has forged one proxy form in the name of the Korea Saemaul Bank, which is a private document on the rights and obligations without authority for the purpose of exercising.

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