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(영문) 서울중앙지방법원 2015.03.12 2014고정1562
사기미수등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 9, 2010, the Defendant, who attempted to commit fraud, filed a lawsuit against the purport that “A loan was not obtained from D through C, and even if the Defendant did not prepare a loan certificate, a written consent to provide collateral, a receipt, or a promissory note, etc., on the real estate owned by the Defendant, the mortgage invalidation of the cause under the name of the obligee D is established.” Thus, the Defendant filed a lawsuit against the purport that “D’s registration for cancellation of the registration of the establishment of a neighboring mortgage was conducted.”

However, in fact, the Defendant visited the lending company office along with E to prepare the letter of acceptance of collateral security, loan certificate, receipts, promissory notes, etc. necessary for the registration of the establishment of the neighboring mortgage and the registration of the alteration thereof, so it was aware that the above establishment of the neighboring mortgage is not null and void.

Nevertheless, the defendant filed a lawsuit with the court and tried to discharge his obligation, but D did not comply with it and did not commit an attempted crime.

2. On September 29, 201, at the Dongjak-gu Seoul Metropolitan Government Nowon-ro 148 Police Station via Defendant’s wife F, the Defendant submitted a written complaint against G with the content that “G, despite the absence of the fact that it was entrusted with the issuance of a certificate of the seal imprint at the International Community Service Center located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant arbitrarily forged a certificate of the seal imprint affixed to the Defendant’s name, and issued two copies of the certificate of the seal imprint by presenting it to the public official in charge, which would be punished as a crime of forging private documents and uttering of the above certificate of the seal imprint.”

However, at around March 6, 2008, the Defendant: (a) delegated the issuance of a certificate of personal seal impression, which is a document necessary for obtaining a loan, to G who worked for the said lending business office; (b) signed and submitted a certificate of personal seal impression to G according to the purport of the delegation; and (c) submitted a certificate of personal seal impression delegation kept at the nearby I community service center.

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