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(영문) 대구지방법원 포항지원 2018.06.15 2018고단452
사문서위조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 26, 2015, the Defendant: (a) registered the establishment of the right to collateral security with the maximum amount of KRW 67 million for the Defendant’s claim against C; (b) on March 26, 2015, the Defendant: (c) registered the establishment of the right to collateral security with the maximum amount of KRW 600 million for the Defendant’s claim against C; (d) did not receive repayment from C; and (e) had C cancelled the registration of the establishment of the right to collateral security under the name of D; and (e) had C obtain a loan from the said real estate to pay the Defendant’s obligation first.

1. On July 15, 2015, the Defendant drafted an application for cancellation of the registration of the said right to collateral security at the HA’s office located in North Korea-gu, North Korea-si, and signed and sealed the seal arbitrarily on the part of the delegating person of the power attached through the said HH certified judicial scrivener, stating that “D, South-gu, South-gu, and North Korea-si I” was the delegating person of the right to collateral security.

Accordingly, for the purpose of uttering, the defendant has forged a letter of delegation in the name of D, a private document related to rights and obligations.

2. The Defendant, at the above date and time, exercised the above investigation documents by having H certified judicial scrivener, who was aware of the forgery, submit it to the machinery, such as Daegu District Court and racing support on the same day, as he had duly completed the forged power of attorney.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning each of the statements made D and C by the prosecution against the defendant in the suspect interrogation protocol

1. Each police statement made to D or J;

1. Application of Acts and subordinate statutes to apply for registration of establishment of a right to collateral security, power of attorney, cancellation of collateral security, registration;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime (the point of Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act is the same as that of the same law.

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