(영문) 서울북부지방법원 2014.07.22 2013고정1152

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(영문) 서울북부지방법원 2014.07.22 2013고정1152

사문서위조등

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On August 30, 2012, the Defendant forged a private document forgery (1) on August 30, 2012, the following: (a) the Defendant did not have obtained prior consent or delegation from the creditor E and the obligor that D, a credit information company employee of Dongdaemun-gu Seoul Metropolitan Government, would act as a joint and several surety from the victim F after obtaining a written agreement in the name of the creditor E and the obligor; (b) on the upper joint and several surety column of the agreement, the Defendant stated “F” in the lower part of the F Ilsan-dong G Building 528, and forged a copy of the written agreement in the name of the victim by affixing the seal prepared in advance.

(2) The Defendant stated at the date and time as indicated in the preceding paragraph that the victim was not delegated to D with the fact that the notarial deed was made. The Defendant stated the 46,800,000 won of the Defendant’s debt to E as a joint guarantor for the 46,800,000 won of the Defendant’s debt, and stated the victim’s personal information in the delegating column, and forged one letter of delegation in the name

B. At the time and place specified in the preceding paragraph, the Defendant issued a forged written agreement and power of attorney to D who was unaware of such circumstances and exercised the said agreement.

2. According to the evidence adopted by the board and the results of the instant hearing, the following circumstances are revealed.

- The Defendant consistently denied the intention that a credit information company should have a guarantor in order to release the passbook after seizing the passbook, but did not have a minor, and that H would have been aware of the person whom H would have given a guarantee, and that F would have had a certificate of personal seal impression and a certificate of personal seal impression if F would have been aware of the F's permission.

- He also listened to the circumstances of the defendant in the police phone statement and guaranteed to her friendship I.

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