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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
On June 8, 2018, the Defendant, in order to secure the principal and interest of a debt to B, KRW 550 million,000,000,000,000 owned by the Defendant, had completed the registration of creation of a neighboring mortgage of KRW 550 million with the maximum debt amount as joint collateral, and had the Defendant arbitrarily cancelled the registration of creation of a neighboring mortgage on January 2019 without B’s consent.
1. Forgery of private documents;
A. On January 2019, the Defendant, using a computer at the Defendant’s office located in Dongdaemun-gu Seoul, Dongdaemun-gu, entered the content that he/she should delegate the registration application for cancellation of the registration of the establishment of the establishment of the above root to D with a certified judicial scrivener on the grounds of termination on January 29, 2019, and printed out “B Jung-gu Seoul Metropolitan Government E building and F,” and then arbitrarily sealed B’s seal in the column.
Accordingly, for the purpose of exercising, the Defendant forged a letter of delegation in B, a private document related to rights and obligations.
B. On January 29, 2019, the Defendant received by facsimile a “certificate of termination” from a certified judicial scrivener D to the effect that the said contract to establish a collateral is terminated, and affixed the said B seal on the name and address attached to B as indicated in the “title” column.
Accordingly, for the purpose of uttering, the Defendant forged a “certificate of termination” in B, a private document related to rights and obligations.
2. On January 29, 2019, the Defendant filed an application for registration of cancellation of the registration of the establishment of the establishment of the above root through a certified judicial scrivener D with the Seoul Northern District Court Dongdaemun-gu District Court registry office, and submitted as if the above “a delegation letter” and “a termination certificate” were duly completed.
Accordingly, for the purpose of uttering, the Defendant respectively exercised “a letter of delegation” and “a certificate of termination” under the name of “a letter of delegation” and “a certificate of termination.
3. The defendant shall cancel the registration of creation of a mortgage in the past, such as a false entry into public electromagnetic records, and an event of false entry into public electromagnetic records.