(영문) 서울북부지방법원 2016.08.12 2016노773

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(영문) 서울북부지방법원 2016.08.12 2016노773

사문서위조등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) In the misapprehension of the legal principle, the maximum amount of the claim of the right to collateral security established by the Defendant to the victim F was KRW 70 million, but the amount borrowed from the actual victim was KRW 15 million.

On September 2014, the Defendant, at the request of the victim, prepared a contract with the Seoul Q local agency sales authority (20 million won) in Qu District Association, and thereby, was found to be defective in the amount of the loan secured by the right to collateral security at KRW 15 million.

The victim received KRW 16.5 million from the defendant with the agreement that the registration of the establishment of the right to collateral security will be terminated, and the defendant paid KRW 1.5 million to the victim in cash.

Therefore, since the secured obligation against the right to collateral security is set-off or repaid and all is extinguished, the defendant believed that it conforms to substantive relations and made the cancellation registration of the right to collateral security to be registered.

Since the defendant did not have intention or awareness of false entry, there is no intention or awareness of the false entry, there is no crime of re-performance of false electronic records such as public electronic records and the crime of gambling.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby convicting this part of the facts charged.

(2) The punishment sentenced by the lower court to Defendant A is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B is too unreasonable.

2. Determination:

A. The following facts are acknowledged in full view of the evidence duly admitted by the judgment of the lower court as to Defendant A’s assertion of misunderstanding of the legal doctrine.

Defendant

At the time of the establishment of the right to collateral security, both A and the victim made a registration of the establishment of the right to collateral security with the maximum amount of KRW 70 million,000,000,000,000,000,000,000,000,000,000,000,000 won, which is the total of the debt obligations between the victim and the defendant as collateral

statement is made.

After that, the victim shall be the defendant A, and the victim shall be KRW 16.5 million (including profits).

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