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(영문) 서울중앙지방법원 2014.03.13 2013고단8093
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a real estate investment company resolution committee.

The defendant, who had set up the right to collateral security against D, had an investment from F, other investors, with respect to the Gangnam-gu Seoul E apartment 802 Dong 202, Gangnam-gu, Seoul, which had been setting up the right to collateral security, had the investor arbitrarily moved D's collateral to F.

1. Accordingly, at around August 19, 2009, the Defendant, without authority, signed a letter of delegation in the office of the Seoul Gangnam-gu Seoul Gangnam-gu Seoul Gangnam-gu Seoul, as the object column for registration with respect to No. 802, 202, 202, and 202, which received No. 41076 on June 16, 2008: Provided, That the right to collateral security, which stated that the right to collateral security shall be transferred along with the claim, is the right to collateral security, and forged a letter of delegation in the name of D, which is a private document for rights and obligations, by affixing the name and address of H, I, and D attached to the person liable for registration.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of D, a private document related to rights and obligations.

2. At the above temporary holiday, the Defendant: (a) delegated the transfer of the right to collateral security to a certified judicial scrivener J as above, and exercised a forged private document as if it were a document duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed in D;

1. Application for registration of transfer of sectioned buildings;

1. Proxy letter;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes on the statement of D;

1. Relevant Articles 231, 234, and 231 of the Criminal Act concerning the facts constituting an offense. Article 231 of the same Act (Selection of Imprisonment);

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

1. The crime of this case under Article 62(1) of the Criminal Code provides that D suffers a disadvantage due to the crime of this case under Article 62(1) of the suspended execution. However, it is unfavorable for D to acknowledge and reflect his/her crime, and the amount of interest paid by the Defendant to D, and part of its claim.

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