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(영문) 광주지방법원순천지원 2020.11.26 2019고정111
사문서위조등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative of the Co., Ltd., located in Net City B.

The Defendant completed the construction by being awarded a contract for the construction of the outer wall of the D New Buildings (hereinafter “instant building”) in 18,282,00 won, which is part of the construction cost, filed an application for the provisional seizure of real estate (2018Kadan1323) against E, the owner of the building for the support of Gwangju District Court.

On October 10, 2018, the Defendant: (a) entered “Building Owner” at the bottom of the document of title “B” (hereinafter “the document of this case”): “F: F.W.W.W. W.W.W.”, the Defendant entered “GH” in the name of the Defendant, “B”, “B”, “C office, before filing an application for the provisional seizure of real estate in respect of which he wishes to receive any balance of the construction works for new buildings from “E” (hereinafter “instant document”).

Accordingly, the defendant forged the above document, a private document, as if he entered into a contract for stone construction for the purpose of exercising the right.

B. The Defendant’s uttering of the above investigation document

As stated in paragraph (1), the document of forged [Tr.m. among D New Construction Works] was used to apply for a provisional seizure case against the said new building site.

On November 6, 2018, the Defendant was a public official of the Gwangju District Court's Netcheon Branch of the Gwangju District Court who is aware of the forgery in the 21st king-si, the Gwangju District Court's netcheon Branch of the District Court.

A copy of a forged private document, such as described in the paragraph, was submitted as if it were duly constituted.

2. The crime of forging a private document is established in the form and appearance of a document to the extent that the nominal owner can regard it as a document prepared in the form and appearance to the extent sufficient to mislead the general public into the real private document prepared in the name of the nominal owner. Therefore, it does not necessarily require the signature or seal of the person who prepared the document. However, whether it is sufficient for the general public to mislead the document into the real private document prepared in the name of the nominal owner is the document as well as the form and appearance of the document.

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