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(영문) 창원지방법원 2015.04.23 2014노2925
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants asserted that the judgment of the court below that the defendants completed the registration of ownership transfer of the apartment of this case in the name of Defendant B by forging the report, etc. of the real estate transaction contract in the name of D and forging-gu, Changwon-si, Masan-si, 101 and 506 (hereinafter “the apartment of this case”) which Defendant A jointly owned one-half shares with D, the husband, and delegated all sale authority from D with D as to the 1/2 shares owned by D, but the apartment of this case was sold to Defendant B and completed the registration of ownership transfer under the name of B, notwithstanding the fact that the Defendants forged the report, etc. of the contract under

B. The Defendants asserts that the sentence imposed by the lower court (two years of suspended execution, 80 hours of community service, 2 years of suspended execution in June, 40 hours of community service, 40 hours of community service, etc.) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Defendant A and his husband’s wife are simple, and Defendant B are Defendant A’s friendship.

On October 10, 2013, the Defendants decided to complete the registration of ownership transfer for the E Apartment 101 and 506, which Defendant A and D jointly own, under the name of Defendant B. On October 10, 2013, Defendant A made a transaction report with respect to the apartment of this case through a certified judicial scrivener using the certificate of personal seal impression received from Defendant D on the same day. On October 11, 2013, the Defendants expressed their intention to refuse to sell D shares (1/2) while forcing D, who became aware of it, to withdraw all procedures to Defendant A, and the Defendants expressed their intention to refuse to sell D shares (1/2). However, the Defendants were able to obtain the registration of ownership transfer again by forging various documents under D’s name.

1. Forgery of private documents and uttering of private documents.

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