(영문) 창원지방법원 2018.03.28 2017고단2634

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(영문) 창원지방법원 2018.03.28 2017고단2634

사문서위조등

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant: (a) obtained a license from D Co., Ltd. (hereinafter “D”); (b) performed construction of electric fire-fighting equipment construction for F hospitals from E Medical Foundation under contract; (c) on September 20, 2012, G Co., Ltd. (hereinafter “G”) applied for a voluntary auction on real estate of E Medical Foundation; (d) on the construction cost delegated by C with respect to the duties related to the exercise of the right of retention, and reported the right of retention during the said voluntary auction procedure.

G A lawsuit seeking confirmation of non-existence of a lien was filed against the reporter, including D around July 31, 2013, and the Defendant: (a) around the end of December 2013, G’s representative H Ha; (b) G’s credit and collateral security in the E Medical Foundation; (c) the Defendant paid KRW 15 million out of the transfer price of KRW 250 million as the down payment; (d) D pays the remainder of KRW 235 million until May 31, 2014; and (e) the Defendant and other construction business operators agreed to provide joint and several sureties to issue D’s employee identification and certificate of personal seal to be used in the lawsuit for confirmation of non-existence of a lien; and (e) requested to prepare a written agreement with G and G to arbitrarily receive the agreement by using it.

A. On January 20, 2014, the Defendant forged a private document: (a) prepared a fair deed in accordance with the aforementioned agreement, and prepared a power of attorney stating that G transfer of the bonds and collateral-mortgage held by the medical foundation to D and four other persons; (b) written “D” in the name of the assignee of the entire agreement, stating “D Co., Ltd. (the representative director C)” in the column of the transferee of the entire agreement; and (c) written the transfer of the bonds and collateral-mortgage to D and four persons; and (d) written “D” in the column of the transferee of the entire agreement.

D's seal imprints respectively.

The defendant is entitled to exercise his rights without authority.

유사 판례

-수원지방법원 안산지원 2018.07.04 2016고정95

-광주지방법원 2016.02.19 2015고정1949

-창원지방법원 2015.08.19 2015가합311

-대전고등법원 2017.12.20 2017노326

-전주지방법원군산지원 2015.12.24 2015가합11696