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(영문) 서울중앙지방법원 2017.05.12 2016고정99
사문서위조등
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is as follows: (a) around July 23, 2014, the Defendant: (b) at the above certified judicial scrivener office in Seocho-gu Seoul; (c) at the above certified judicial scrivener office around July 23, 2014, the Defendant offered the Seocho-gu Seoul Metropolitan Government E apartment (hereinafter “instant apartment”) as collateral and intended to borrow KRW 250 million to F; and (d) at the above apartment from G to borrow KRW 250,000,000,000,000,000 to the above apartment; (c) at his/her own request to cancel the F’s right and duty under the F’s name and duty to cancel the instant mortgage (hereinafter “the instant neighboring mortgage”); and (d) without authority, at the request of the Defendant to cancel the relevant right and duty under the name of F’s name and duty to cancel the instant apartment; and (d) on July 23, 2014, “the date of such request to cancel the relevant mortgage.”

2. Determination

A. The defendant and his defense counsel did not recognize that the defendant prepared a proxy form in his name for the purpose of dealing with the registration of cancellation of the root mortgage which was requested with F's belief that F's consent would have been obtained, or that there was no awareness that it would be forged.

It is so argued that this is relevant.

B. Comprehensively taking account of the evidence duly adopted and examined by this court, the following facts can be acknowledged:

(1) The manager of H Co., Ltd. (hereinafter “H”) came to know K while seeking a security of real estate to be provided to the said J in order to receive alcoholic beverages from the “J”, upon comprehensive delegation from F, the representative director of H (hereinafter “H”).

(2) At the time K is an enterprise that supplies steel, food materials, etc.

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