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(영문) 서울북부지방법원 2016.06.09 2016고정889
사문서위조등
Text

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

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

Reasons

Punishment of the crime

On July 20, 2015, the Defendant lent KRW 110 million to B on or around July 20, 2015, but he did not pay the money properly, with the same mind that B was unable to pay the money, and at his own discretion, decided to set up a collateral security of KRW 110 million with the maximum amount of the claim amount of KRW 402, 1203, North-gu D apartment purchased under B’s name.

On September 18, 2015, the Defendant: (a) requested the lending consultant E who keeps the documents for loan application of the above C to obtain the delegation of C, certificate of seal, and abstract of resident registration; and (b) had a kind of relationship with the ordinary real estate business after obtaining the delegation of C and the transcript of resident registration

The F prepared and asked to prepare the documents for the application of the right to collateral security in the name of C, which is necessary to establish the right to collateral security at will, and the F accepted it.

1. Joint crimes committed with the accused and F;

A. On September 18, 2015, the Defendant: (a) in collusion with F; (b) around 325, Dobong-gu Seoul, Nowon-gu; (c) around 16:00 on September 18, 2015; (d) on the form of a contract for the establishment of the right to collateral security printed on the Internet, F, using a computer and an official approval color pen, “A (G); (G); (h) Gangnam-gu, Seoul; (h), 102 Dong 304; and (e) on the debtor’s column for the establishment of the right to collateral security (CI; (e) KRW 10,00,000,000 “in the column of the maximum amount of claims; and (e) on September 18, 2015, “In the column of real estate property”, the Defendant voluntarily sealed C’s name and affixed C’s seal on its own name.

In this way, the Defendant, in collusion with F, forged the above C-mortgage creation contract without authority for the purpose of exercising the right.

B. The proxy forgery Defendant in collusion with F, and in the same date, at the same place as paragraph 1(a) above, the Defendant has a power of proxy affixed C’s seal to F with F, and F, with F, with the foregoing power of proxy as “402 Dong-dong, Seoul Metropolitan City, Gangnam-gu, Seoul, Seoul, for the indication of real estate in the indication column of real estate by using a testing pen.”

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