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(영문) 서울서부지방법원 2017.04.28 2017고정28
사문서위조등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 26, 2010, the Defendant: (a) C of the Victim C of the Republic of Korea after Japan;

Kao Madio

It borrowed 200 million won as the purchase cost of the Kaa-gu D building in the Kaa-gu.

On July 12, 2011, the Defendant registered the establishment of the maximum amount of KRW 20 million in the above building as collateral against KRW 200 million borrowed from the victim.

On September 2, 2014, the Defendant, who was attracting investment of 42 millionN from E, was trying to cancel the registration of the establishment of the right to collateral security on the building, which was set up against the victim around July 12, 201, in order to set up the right to collateral security on the building as a security therefor.

The defendant was entrusted by the injured party with the termination of the registration of the right to collateral security.

The defendant's employee F of the company was mistaken for the F.

1. F, upon receipt of an order from the Defendant of the forgery of a private document to cancel the registration of the victim’s collateral security right theory, the F, after Japan around September 2, 2014,

Kao Madio

The letter of delegation signed by H on the part of the victim, prepared by H, in order to cancel the registration of the fixed price of the right to collateral security at H's office located in Nisi-si, for the purpose of cancelling the registration of the fixed price of the right to collateral security in H's office, was stamped next to the letter of delegation delegated all the powers concerning the application for cancellation of registration.

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

2. On September 2, 2014, the Defendant exercised the said investigation document by allowing the said judicial librarians to submit the forged power of attorney as if it had been duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes in the form of a certificate of full matters (certified copy of donation), certificate of cancellation of collateral security, power of attorney, and provision of registration information

1. The relevant Article of the Criminal Act concerning the crime;

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