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(영문) 대전지방법원 홍성지원 2017.08.09 2017고단345
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is between the deceased C and the deceased on September 22, 2014, and D is a person who has a debt relationship with the Defendant.

The Defendant had a debt of KRW 20 million against D. As the husband C died on May 20, 2015, the husband C intended to set up a collateral security right of KRW 50 million on May 19, 2015, which is the day before C’s death, by pretending that C had no debt to repay to D, and even though C had not been delegated with the power to act as an agent for the establishment of a collateral security right under the name of D, even though C did not have been delegated with the power to act as agent for the establishment of a collateral security right under the name of D, the Defendant was aware that C had been delegated with the power to act as agent for the disposal of real estate from C on May 19, 2015.

1. A forged private document: (a) on June 3, 2015, the Defendant did not have a debt owed by C to D; (b) the Defendant did not have been authorized by C to establish a collateral security right on real estate or delegated the authority by C to act on behalf of C; (c) despite that he/she did not know that he/she was authorized by C to act on the application for registration, he/she did not have any obligation to act on the application for registration on a printed proxy form using a computer-based protocol on the printed proxy form to delegate the act on the registration; (d) on the real estate indication column, “Secheon-do I, Chungcheongnam-do, Chungcheongnam-do, Hacheon-do, Hacheon-do, 305 of third floor; (e) on the grounds and date of registration; (e) “contract to establish a collateral security” in the column of purpose of registration; (e) “establishment of a collateral security right” and “person obligated to act on a debt column”; and (e) “person obliged to act on a debt column” in advance.

C’s painting and D’s painting were stamped by their name.

In addition, the defendant had the above H H in the real estate indication column by using a computer network protocol in the form of a contract for the establishment of the right to collateral security, "Secheon-gun I, Seocheon-do, Chungcheongnam-do, Chungcheongnam-do, J lending No. 305 of the third floor, Seocheon-do, Chungcheongnam-do, Chungcheongnam-do, and 305 of the third floor" and "50."

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