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(영문) 부산지방법원 2017.03.10 2016고단5720
사인위조등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A private person is the director of the office of the C judicial scrivener in Busan High-gu. Around December 8, 2014, at the above office, the defendant was requested from D, etc. to create the right to collateral on the real estate in the name of the victim F in Busan High-gu, Busan High-level, and was prepared in advance by using the defendant's office computer, but the above F did not file an application for the establishment of the right to collateral on the part of the defendant's office. Around December 17, 2014, the defendant was unable to file an application for the establishment of the right to collateral on the part of the defendant's office because the F did not submit a registration certificate. In this case, the defendant was able to hear the words that F did not have lost the certificate of collateral on the part of his/her name from the person who was not in his/her name and did not hold the certificate of collateral on the part of him/her, but it was necessary to verify the identity, but G, an employee of the above certified judicial scrivener office without knowledge of this fact, forged G with the F's without authority.

2. On December 18, 2014, the Defendant, the above investigator, at the Busan District Court registry office located in 14, 583, U.S., the Busan District Court held that the above G submitted a document of verifying the forgery of a private person to the registration official who was unable to identify his name, as if the document was duly formed.

Summary of Evidence

1. Each legal statement of the witness H and F;

1. Two-time suspect examination protocol against the accused (including D, H, F, I, and J statements);

1. Statement of the police statement related to G;

1. Application for registration of establishment of mortgage;

1. Proxy letter;

1. Documents for confirmation;

1. A certified copy of real estate registry;

1. Application of Acts and subordinate statutes on mortgage creation agreement;

1. Article 239 (1) of the Criminal Act applicable to the facts constituting an offense (the occupation of a private person), Article 239 (2) and Article 239 (1) of the Criminal Act (the occupation of an event as a private person);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is as follows.

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