(영문) 서울중앙지방법원 2014.01.16 2013고정3269

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(영문) 서울중앙지방법원 2014.01.16 2013고정3269

사문서위조등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C Around a loan of KRW 160,000,000 to 160,000 won in the name of wife D through Defendant, a house of the efficial selling company was voluntarily auctioned and applied for distribution, but as the new bank, which is the senior mortgagee, was unable to receive distribution on the wind to receive preferential distribution, filed a lawsuit of demurrer against distribution with the Seoul Central District Court on September 12, 2012 by deeming Defendant as the designated party.

Around September 1, 2012, the Defendant proposed that C withdraw and agree the lawsuit of the aforementioned lawsuit of demurrer against distribution and the assignment order separately filed by C, but C refused the proposal, the Defendant asked C to forge the written withdrawal of the lawsuit, etc. in the name of the aforementioned D, and requested the certified judicial scrivener office located in Eunpyeong-gu Seoul Metropolitan Government to prepare documents related to the certified judicial scrivener in the computer. On September 1, 2012, D prepared four copies of the written withdrawal in which D withdraws from the lawsuit of demurrer against distribution and withdraws all the claims, and signed and sealed D’s seal stored in the lower court, and submitted a letter of delegation stating that D’s withdrawal of the lawsuit is to be delegated to the Defendant to the court, and signed and sealed D’s seal on the lower court’s side, and submitted it to the Seoul Central Public Service Center located in Seocho-gu Seoul Central Public Service Center in Seocho-gu Seoul District Court as above.

Accordingly, for the purpose of uttering, the Defendant forged and exercised a letter of withdrawal and power of attorney in the name of D, a private document on rights and obligations.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C substitute part);

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Written withdrawal, power of attorney, etc.

유사 판례

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