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(영문) 수원지방법원 안양지원 2018.12.21 2017고단2071
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 5, 2009 and around May 27, 2008, the Defendant adjusted monetary transactions with C and from around May 2008, prepared a loan certificate with the amount of debt of KRW 200 million. On December 1, 2009, the Defendant made a registration of establishment of collateral security with the maximum amount of claims KRW 200,000,000,000,000,000,000,000,000 won.

1. On April 26, 2010, the Defendant forged private documents: (a) at the F Certified Judicial Scriveners Office located in the 4th floor of building in Gangnam-gu Seoul Metropolitan Government, Seoul, the Defendant kept the written evidence, such as the above real estate, and (b) at the F Certified Judicial scrivener F, the Defendant stated “C’s delegation and cancellation of the registration of collateral security; (c)” in the column for delegation of the application for cancellation of collateral security; (d) stated “C’s non-resident C” in the column for delegation of the application for cancellation of collateral security; and (e) had F, affix a seal on the name of “C”.

Accordingly, for the purpose of exercising authority, the Defendant forged a copy of a registration application for cancellation of a private document C, which is a private document related to rights and obligations.

2. The defendant at the above investigation document event: (a) forged one application form for cancellation of the right to cancel the right in the vicinity of the name “C” as described in paragraph (1) at the Suwon District Court within Gyeyang-gu, No. 212, Dongyang-dong, the 69-ro, Jeonyang-dong, the time limit set forth in paragraph (1), and then, (b) the above certified judicial scrivenerF, who is unaware of the fact that the said application was forged, submitted the application form to the person in charge of the registration of the right to collateral security, along with the application form for the registration of the right to collateral security, as if the above application form was a document genuine.

Accordingly, the defendant exercised one copy of the application for cancellation registration of the mortgage which is a forged private document.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C statement of the suspect interrogation protocol against the accused in the prosecution;

1. Statement made by the prosecutor and the police for C;

1. Inquiries into the complaint, a certified copy of the register of land and buildings, a loan certificate (the two books of investigation records, one page 41 of two books), and a reverse inquiry into the Republic of Korea bank.

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