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(영문) 서울동부지방법원 2019.02.12 2018고단1956
사문서위조등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 25, 2005, the Defendant: (a) donated Songpa-gu Seoul Metropolitan Government B apartment C (hereinafter “instant apartment”); (b) around October 2015, the Defendant was in a situation where the Defendant was to file a divorce suit with E, a former wife; and (c) around October, 2015, D was willing to set up a collateral security right under the Defendant’s name to recover the instant apartment in order to find the Defendant back.

Around October 7, 2015, the Defendant sent a multiple phone call to E, a former wife, and received a certificate of personal seal impression and a certificate of personal seal impression from E on October 7, 2015, stating that “The attachment of D’s apartment in the name of the apartment due to default of management fees, etc. for one year, is different because damage is reported. I would like to present a certificate of personal seal impression and a certificate of personal seal impression.”

In addition, on October 8, 2015, the Defendant indicated, without authority, the real estate under the title of proxy, as the agent of delegation, for the purpose of exercising at the Defendant’s residence of Songpa-gu Seoul Metropolitan Government F apartment G, the indication of real estate under the title of “D”, “D number I of the building indicating the section for exclusive use,” “B apartment H-dong, Songpa-gu Seoul Metropolitan Government, Seoul Metropolitan Government, the purpose of registration,” the maximum amount of debt, “the maximum amount of debt,” “D0 million won,” and the obligor and the person who created the right and duty to establish the mortgage,” and continuously affixed the seal impression on the name of the said D name. In the indication of the real estate in the indication of the application for the registration of the establishment of the mortgage, the Defendant filed an application for the registration of the establishment of a mortgage under the title of each of D, “D”, “D”, “D”, “J” in the resident registration number column,” “K-gu Seoul Metropolitan Government,” and “D” in the name and address column.

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