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(영문) 서울북부지방법원 2017.09.27 2017고단3001
공정증서원본불실기재등
Text

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

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

Reasons

Punishment of the crime

On October 31, 201, the Defendant received KRW 50,000,00 from D to the Agricultural Cooperative Account in the name of the Defendant. D around November 7, 2011, the Defendant died from a traffic accident around January 22, 2013 after receiving the registration of the establishment of the right to collateral security, which is the “BDD,” the maximum amount of the claim amount of KRW 65,000,000,000,” and “BD,” from the Defendant.

Around February 1, 2013, the Defendant: (a) even though the Defendant did not obtain from D who was immediately killed in a traffic accident at all the authority to cancel the collateral of the instant real estate; (b) was delegated by D with the authority to register cancellation of collateral security; (c) submitted an application for cancellation of collateral security to an employee under the name-based command of the Daejeon District Court registry; and (d) made the said employee believed to be true and completed the registration, such as cancellation of collateral security of the instant real estate, on the real estate registry, which is the original copy of the process deed at that time; and (c) made the said employee keep the registry stating the content thereof.

Accordingly, the defendant made a false report to a public official to enter false facts in the real estate register, which is the original copy of a fair deed, and exercised the register by allowing the public official to keep the register stating false facts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. Court rulings;

1. Application of Acts and subordinate statutes on trading specification lists;

1. Article 228(1) of the Criminal Act applicable to the facts constituting an offense (the point of entering the original of a process deed) and Articles 229 and 228(1) (the point of exercising the original of a process deed entered as false) 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 under Article 62(1) of the Criminal Act is against the defendant, the relation with D, and other arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and records of the crime.

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