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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 7, 2013, the Defendant, as the representative director of the Plaintiff Company B, completed the registration of creation of a mortgage over the maximum debt amount of KRW 600 million against the obligee D with respect to the Plaintiff’s residential site and its ground buildings owned by the said Company, which was owned by the said Company, as the mortgagee, around March 2014.
around 14:00 on March 17, 2014, the Defendant entered “land: land: 1454 square meters; building: Gyeonggi-do Pyeongtaek-si factory site; 57.2 square meters; 577.2 square meters; 577.2 square meters on the ground for registration and its date; “Cancellation on March 17, 2014”; “D' in the registration column for cancellation of a collateral security”; “D, Daejeon-gu, E, 104 Dong 1804, 1874, and 577.2 square meters” in the name of the mortgagee; and “D’s name” in the registration column for cancellation, “D, Daejeon-gu, E, 104dong 1804, and 577.2 square meters”.
Accordingly, the defendant, without authority, forged a letter of delegation, which is a private document related to D's rights and obligations.
2. On March 17, 2014, the Defendant: (a) sent a forged power of attorney at the Songan registry office to a registered public official who is aware of the above forgery, along with a letter of application for cancellation of collateral security; and (b) exercised it.
3. On March 17, 2014, the Defendant submitted to the above registry office a letter of delegation and an application for registration of cancellation of the right of representation with respect to the application for cancellation of the right of representation with respect to the above registration of the right of representation with respect to the above registration of the right of representation with the above registration official, although he did not know that the right of representation was granted to the above registration official.
Accordingly, the above registrar is the above real estate.