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(영문) 의정부지방법원 2018.01.11 2017고단3692
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a dependent of C, and D has a claim equivalent to KRW 170 million against C, and E has a claim equivalent to KRW 44 million against C, and E has a claim equivalent to KRW 34 million against C, and E has completed the registration of establishment of a right to collateral security on October 8, 2003 with respect to the second floor No. 3 (hereinafter “the instant real property”).

C In order for C to pay the above debt to D, D to pay the loan amounting to KRW 170,000,000 against D (2014 A. 991) and received a favorable judgment on February 13, 2015 by filing a lawsuit against D to grant the loan amounting to KRW 17,00,000,000, and enforced auction was commenced on March 6, 2015 by filing an application for compulsory auction (G) of the instant real estate owned by C with the District Court.

In spite of C's full repayment of debt to E, the Defendant forged the power of attorney in the name of E by using the fact that C did not cancel the registration of the establishment of the right to collateral security in the name of E, and neglected to receive senior dividends than D by registering the transfer of the right to collateral security.

1. Forging a private document;

A. On May 1, 2015, the Defendant: (a) at a certified judicial scrivener office in Seocho-gu Seoul Metropolitan Government where the name of the Defendant working for the Defendant is unknown; (b) using a computer network program, the Defendant: (c) “B” as “B”; and (d) B and B, as the assignee A, entered into a bond transfer contract as follows.

Section 1. The assignee A shall transfer the following claims to B and the assignee shall take over the claims:

The amount of principal claim: gold 44,00,000 won, the indication of the right to collateral security, which is the object of the transfer, was prepared and printed out on October 8, 2003, No. 35192, the order of priority, which was made under the receipt of the registration office of the European District Court No. 35192, which was established on the following real estate in order to secure the above claims, and was kept in custody in advance.

E’s painting was affixed adjacent to E’s name.

This is the defendant.

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