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(영문) 서울중앙지방법원 2013.08.27 2013고단3931
사문서위조등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 17, 2013, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on April 22, 2013.

The defendant, who actually operated the corporation C, was in the possession of the seal imprint of D, a representative director, in the name of the defendant, used the name of D to borrow money from E by using the name of D.

1. Forgery of private documents and the display of private documents;

A. On June 7, 2010, the Defendant, at the third-story law firm G office of the Gangnam-gu Seoul FF building, did not have been delegated by D with respect to money borrowed and joint and several sureties, but, for the purpose of exercising authority, the Defendant, without authority, prepared a power of attorney to whom H entrust H with all acts, etc. regarding the acceptance of compulsory execution upon completion of a notarial deed drawn up by “the amount of money borrowed and joint and several sureties’s office”, etc., and prepared and forged a letter of proxy, which is a private document, for the rights and obligations of D, by stating D’s address and name in the delegating column.

B. At the same time, the Defendant had H deliver the forged power of attorney to the employees of the law firm as if it was a document duly formed.

2. Making false entries in the original notarial deed and uttering of the original notarial deed;

A. Although the Defendant did not obtain D’s consent for joint and several sureties at the above temporary location, the Defendant, by using forged power of attorney I in charge of notarial services, made the “notarial deeds of monetary loan contract for consumption of KRW 200 million with five persons, such as creditors E, debtors C (representative director D), and joint and several sureties,” thereby making a false report to a public official, and made a false statement on the authentic deed of monetary loan for consumption of money as the original copy of the authentic deed.

B. The Defendant becomes insolvent around that time.

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