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(영문) 청주지방법원 2020.02.13 2019고정469
사문서위조
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is as follows: B (A) and 53 years of age.

Upon delegation from B on April 2017, the Defendant entered into a sales contract with C to sell “B’s share of land (B: 3/7, Defendant’s share of 2/7, and E: 2/7) located in Seo-gu, Seo-gu, Seowon-si, and shares of B and Defendant among buildings, and paid KRW 245 million (including B’s share of purchase) from C, but did not pay the said purchase price to B.

Accordingly, on October 20, 2017, F, which is a creditor of B and large-scale, provisionally seized part of the purchase price claim of B against B pursuant to the instant sales contract, and sent a written notification to C on November 8, 2017 that “to file a lawsuit claiming the payment of the purchase price of land of B” to C, and C, around April 2018, demanded B to prepare for the lawsuit claiming the purchase price, to accept B’s seal on each written notification.

1. Around April 2018, the Defendant received a seal imprint from B in the Dae-dong parking lot in the Tae-dong, Seo-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), and then arbitrarily sealed the Defendant (A) a sales contract concluded on April 5, 2017 with respect to B’s share of 3/7 of the 2,097 square meters in Seo-gu, Seo-gu, Seo-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) and the act of receiving the purchase price.

Accordingly, for the purpose of uttering, the Defendant forged a letter of “a letter for delegation”, which is a private document on rights and duties.

2. The Defendant, with the seal imprint of B received at the same time and place as above, voluntarily sealed the “written confirmation” with the content that “A” prepared by C, who is a mandatory, shall confirm that the Defendant received KRW 13 million, and shall not raise any objection to the receipt of the purchase price.

The defendant is therefore entitled to exercise.

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