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(영문) 서울북부지방법원 2017.02.03 2016고단2089
절도등
Text

The defendant shall be innocent.

Reasons

1. The Defendant borrowed KRW 100 million between July 2014 and October 30, 2014 from the victim D who became aware of the relationship with the collection of claims, and registered the establishment of a collective security right equivalent to KRW 130 million with the maximum amount of claims to be the said victim No. 204 on October 31, 2014.

After completing the registration of establishment of the right to collateral security as above, the defendant was anticipated to enforce compulsory execution from the injured party as a result of failure to repay his/her obligation, and was willing to cancel the registration of establishment of the right to collateral security.

Accordingly, the defendant, the defendant,

1. On February 2, 2015, the thief visited the victim D's house of Dobong-gu Seoul Metropolitan Government F, 112 Dong 1501 on the day when the date cannot be known, and the victim stolen the above defendant's apartment with a certificate of registration of collateral security against the above defendant's apartment which the victim was under custody on the inside wall.

2. On May 6, 2015, the Defendant: (a) obtained a decision to commence an auction of real estate on an apartment owned by the Defendant on the ground of the foregoing right to collateral security; (b) obtained a registration information necessary for cancellation of the right to collateral security on the paper of termination without authority from the Dongdaemun-gu registry office located in Dongdaemun-gu Seoul on May 12, 2015; and (c) obtained a registration of establishment of collateral security on the paper of termination without authority for the purpose of exercising the right to collateral security on the paper of termination without the right to collateral security on October 31, 2014.

On May 12, 2015, a statement that the defendant was in possession of the defendant at his own discretion in his name after being named as "Dr of the mortgagee."

D’s seal, thereby forging a certificate of termination of the right and duty under the name of D, which is a private document related to rights and duties, and then continuously, the name-free public officials belonging to the East-gu registry office who did not know of the fact around that time, deliver a certificate of termination of the right and duty under the name of D forged by the Defendant as if it was duly formed.

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