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(영문) 부산지방법원 2014.07.28 2013고단8559
사문서위조등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who runs real estate brokerage business.

1. Forging a private document or uttering of a private document;

A. The Defendant is the actual owner of the pertinent real estate acquired the foregoing building No. 104 202, Busan Dong-gu, Busan, by lending the name of D to forge private documents.

In establishing the right to collateral security on the above real estate, the Defendant did not have obtained consent or delegation from D with the authority to establish the right to collateral security on the said real estate.

Nevertheless, on February 3, 2012, the Defendant, without authority, without the authority for the purpose of exercising in relation to the creation of the right to collateral security at a G Joint Office located in the Busan B-gu, Busan, with the intent of exercising in relation to the said apartment in the G Joint Office, each of the said apartment in the name above D, with the maximum debt amount of KRW 100 million and the maximum debt amount of KRW 30 million, the Defendant prepared documents for the registration of the right to collateral security by stating “D and Busan Metropolitan City B” in the debtor column for the application for the establishment of the right to collateral security, and forged each of the above D’s application for the establishment of the right to collateral security and duty and one of the proxy copies, which are private documents related to the right and duty, with the seal affixed to the proxy column for the application for the registration of the right to collateral security.

B. On the same day, the Defendant submitted to the registry office of the Busan District Court located in the Busan District Court, which held that the application for registration of creating a forged collateral security and the power of attorney was genuinely formed, and exercised the above investigation document.

2. The defendant who made a false entry in the original of a notarial deed and made a false entry in the original notarial deed shall be subject to the above 1.

When reporting the aforementioned false facts at the time, at the place, at the time, as described in the paragraph, and at the same time and place, a person who may not know of such facts has the name of the registry official, KRW 100,000,000,000,000,000,000 won for each of the maximum debt amounts in H in the future and KRW 30,000,00

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