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(영문) 의정부지방법원 고양지원 2014.05.14 2014고정123
사문서위조등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 21, 2013, in a lawsuit seeking the cancellation registration of ownership transfer registration, the Defendant forged a copy of the litigation delegation form in the name of E, which is a private document concerning rights and obligations, for the purpose of exercising the seal affixed by E, and subsequently exercised the forged copy of the litigation delegation form to C, which is a private document concerning rights and obligations, at the medical care center located in Incheon Si-Gun of Incheon, Incheon, the medical care center, “Plaintiff E,” “Defendant F,” and “E” on the written delegation form for the claim for cancellation of ownership transfer registration of the above parties, and at the same time, issued it to C, who is aware of the forgery.

2. On July 29, 2013, the Defendant forged a letter of delegation of a lawsuit in a lawsuit seeking divorce, etc., and exercised the forged letter of delegation of the lawsuit to an attorney-at-law who is aware of the forgery, at around the following time, with the content that “case divorce and claim for division of property,” “Plaintiff E,” “Defendant G,” and “as to the above case, appoint the following person as the attorney-at-law, and grant the authority prescribed below.”

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A copy of the delegation document of lawsuit requesting for cancellation of registration of ownership transfer, or a copy of the delegation document of lawsuit for divorce and division of property;

1. Statement of opinions (E) and details of hospitalization;

1. In full view of all the circumstances such as the fact that the recording on the transcript of the recording (the record No. 27 of the Investigation Record) submitted by the Defendant alone cannot be deemed to have explicitly delegated the E to each of the instant lawsuits, and that E at the time was in a state of medical care due to an unidentified dementia, etc., the Defendant’s arbitrary delegation of each of the instant lawsuits without the explicit and implied consent of E.

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