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(영문) 인천지방법원 2018.07.13 2018고정1398
사문서위조등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, with the intention of preparing business funds, kept the seals of B, provided D with the above real estate as collateral by means of pretending that B obtained the consent or consent of C 807 dong 102, Silung-si, which was owned by B, and was willing to borrow and use the money.

1. On November 3, 2015, the Defendant forged a private document, after having a certified judicial scrivener G G who is aware of such fact at the certified judicial scrivener F office located in Gyeyang-gu Incheon Gyeyang-gu, enter the fact as “B, Gyeonggi-do C, 807 Dong 102, 102,” in the proxy form stating that he/she delegated the act of filing an application for registration of the said real estate in relation to the said real estate, and had it stored in the obligor column by using a black pen.

B's seal imprint was stamped by his name.

In addition, the Defendant stated “B” in the column of the person establishing the right to collateral security with a shotle attached to the agreement on the establishment of the right to collateral security, which is indicated as the object of the said real estate, and had been in custody

B The stamp was stamped by his name.

Accordingly, the defendant set the delegation form in the name of private document B as to rights and obligations and one set of a mortgage creation contract respectively.

2. On November 3, 2015, the Defendant: (a) requested G to file an application for registration of the establishment of the right to collateral security and the right to collateral security with respect to the said real estate at the Suwon District Court’s office in the Sinsan Branch of the Suwon District Court (Hadong), which was located in the Sinsan Branch of the Suwon District Court in the Sinsan Branch of the Suwon District; (b) submitted to G, who is aware of the fact, as if the registration was duly formed, as if he/she were the public official in charge of the registration

3. The Defendant entered false matters, such as public electronic records, in fact at the time and place specified in paragraph 2, notwithstanding the fact that the Defendant did not have been delegated by B with the authority to set up the right to the right to the right to collateral security on the said real estate, G having knowledge of such fact.

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