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(영문) 부산지방법원 2017.07.14 2017노899
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On January 18, 2010, the Defendant did not agree to make a registration of establishment of a right to collateral security in the F’s name.

2) On August 31, 2012, the Defendant did not directly affix the seal of J as the wife in the certificate of assignment of claims, but E had been kept prior to that time.

J's arbitrary seal is affixed and sealed.

B. The punishment sentenced by the lower court (six months of imprisonment, two years of suspended execution, two years of community service, 80 hours) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, determination 1 on January 18, 2010 as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that he did not know E as stated in paragraph 1 of the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by mistake of facts as alleged by the defendant, and thus the defendant's allegation of mistake is not accepted

① On July 27, 2007, the Defendant drafted to F a letter of consent to provide the instant high land.

② On July 27, 2007, the Defendant submitted a letter of delegation of registration and a certificate of seal impression to a certified judicial scrivener office.

The power of attorney is directly signed and sealed by the defendant and indicated as "the holder of a right to registration: the purpose of establishment of a right to collateral security, the maximum amount of claims: 220 million won," and the above certificate of seal imprint is not a certificate of seal imprint for sale of real estate, but a certificate of general seal imprint issued by the defendant on July 27, 2007.

③ In order to make a registration of establishment of the right to collateral security, it is necessary to submit a document for confirmation prepared by the provider of the right to collateral security. Since a document for confirmation was not submitted in the case of establishment of the right to collateral security in this case, the Defendant appears to have submitted a certificate of completion of registration. A certified judicial scrivener like the Defendant

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