(영문) 수원지방법원 2015.04.22 2014고단1220

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(영문) 수원지방법원 2015.04.22 2014고단1220

사문서위조등

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The defendant shall be innocent.

Reasons

1. Facts charged;

A. From around 2006, the Defendant, a construction executor, operated a private document forgery company, and operated a business to develop D Japan as a multi-family housing (hereinafter “instant business”). On November 8, 2012, the Defendant borrowed KRW 100 million from E as a fund necessary for the said business, borrowed from E as a collateral, and set up a right to collateral security (hereinafter “instant right to collateral security”) of KRW 30 million with respect to the maximum debt amount of KRW 24,44 square meters in the project site between the port and port as collateral.

When the defendant needs to cancel the right to collateral security in the name of E in order to carry out the instant project, he was willing to forge the power of attorney in order to use the right to cancel the right without obtaining consent of E.

On May 15, 2013, the Defendant stated “E”, “Y, Young-gu G, Young-gu, 8507-204” in the delegation column of delegation, and affixed a seal on E’s name.

For the purpose of uttering, the Defendant forged a letter of delegation in the name of E, a private document on rights and obligations.

B. On May 15, 2013, the Defendant filed an application for the cancellation of the instant right to collateral security at the Daegu District Court Port Branch Office and the office located at Port Port Office, and delivered the forged power of attorney to the public official in charge of registration affairs who knew of the forgery of the power of attorney as if they were duly constituted.

2. The E’s statements are made in the investigation agency and this court as evidence that seem to correspond to the facts charged in the instant case. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to believe the above statements of E as they are. The remaining evidence submitted by the prosecutor alone is insufficient to recognize the facts charged in the instant case, and there is no other evidence to acknowledge them.

The accused shall be from the investigative agency.

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