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A defendant shall be punished by imprisonment with prison labor for not more than ten 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
On March 26, 2010, the Defendant borrowed KRW 85 million from C as collateral, and established a mortgage under the name of Dong (the spouse of the Defendant) around May 11, 2010, under the name of Eunpyeong-gu Seoul E apartment 130 Dong 701, which was owned by D (the spouse of the Defendant), and thereafter, had the above apartment as collateral, to receive additional money from a third party, by means of forging the related documents and submitting them to the registry.
1. On March 2, 2011, the Defendant forged private documents at the office of a certified judicial scrivener G office located in Gyeyang-gu, Seoyang-gu, Seoul, Seoul, with 205 "F building 205," the Defendant had his employee H office staff who is aware of such fact enter such fact into the real estate indication column in the letter of "a letter of delegation" to the effect that he delegate the act concerning the application for registration by using a computer, and had the head of staff H office of the said fact enter the number and size of the above apartment, grounds for registration and its date into the real estate indication column in the letter of "a letter of delegation", "a cancellation of mortgage" in the column of the object of registration, "the creation of a right to collateral security made on March 02, 200" in the column of "a document to be cancelled", "the establishment of a right to collateral security made on May 11, 2010", "Seoul City I", and "A certified Judicial
Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of C, which is a private document on rights and obligations.
2. On March 2, 2011, the Defendant: (a) had the head of the Seoul Western District Court (Seoul Western District Court) located in Eunpyeong-gu, Eunpyeong-gu, Seoul District Court (178) filed an application for registration of cancellation of the registration of the establishment of the establishment of the said mortgage; (b) had the above head of the office file an application for registration of cancellation of the establishment of the said establishment; (c) had the registration official, who is unaware of the forgery, submit the forged power of attorney
3. The defendant shall obtain C’s consent with respect to any fact at the time and place specified in paragraph (2).