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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds of appeal C and D are consistent from the investigative agency to the court of the court below to delegate only the purchase and sale of the share of the instant land to the defendant, and the establishment of the right to collateral security has not been delegated. On the contrary, the defendant's vindication that the establishment of the right to collateral security and the lending of money for changing and developing the form and quality of the instant land has no credibility. In light of the above, it is reasonable to view that the defendant has forged the contract to establish the right to collateral security beyond the scope of delegation C and D, but the judgment of the court below acquitted the
2. Determination
A. The summary of the facts charged is that around 2008, the Defendant: (a) around 2008: (b) around 2008, C and D (hereinafter “titlers”) received delegation from the nominal holders of the sale and purchase of five parcels of land outside the size of 4,760 square meters in F forest land in Jeju-si (hereinafter “instant land”); and (c) used the power of delegation from the nominal holders and a certificate of personal seal impression, etc., to borrow money as collateral for the instant land of the nominal holders in the process.
(1) On May 26, 2010, the Defendant forged private document: (a) at the H Judicial Scriveners Office located in G at Jeju on May 26, 2010, indicated the terms of “a letter of delegation”; (b) personal information, such as the name of the nominal owner, in the column for each person responsible for registration of the establishment of mortgage; and (c) written confirmation of the blank where the seal is affixed or the nominal owner’s personal information, such as the name of the nominal owner, is written voluntarily, and written as “a security for the purpose of registration” for the purpose of registration.
Defendant continues to be from J at the same time and place, 5 million won.