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(영문) 인천지방법원 2016.07.08 2016노827
사문서위조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The actual lender who has lent money to Defendant A is a Chinese citizen, and I is merely a formal creditor or a mortgagee who has lent the name of the creditor and the name of the mortgagee on the registration of the establishment of the right to collateral security, which is the collateral. However, Defendant A, as the "act of each subparagraph" for the O, was actually established on the part of the actual lender, and the act of each subparagraph can be withdrawn at any time by the party concerned, and theO comprehensively delegated the right to cancel the right to collateral security. Thus, Defendant A shall be deemed to have comprehensively delegated the right to cancel the right to collateral security. Accordingly, I lent the name of the person who has used the right to collateral security to Defendant A to the end, as well, was comprehensively delegated the right to

It is reasonable to view it.

Nevertheless, the judgment of the court below which found the Defendants guilty of all the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendants (2 years of suspended sentence in August and 2 years of suspended sentence in June) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the following facts are revealed: ① Defendant A and P borrowed KRW 100 million from Defendant A on May 28, 2012; ② registered the establishment of the right to collateral security in the name of I on June 11, 2012 with respect to an apartment owned by P as a collateral; ② Defendant A paid the loan to I on November 201, 2013; and ② Defendant A requested several times to cancel the registration of the right to collateral security on the ground that the loan was not fully repaid; ③ the Defendants refused the registration of the right to collateral security on the ground that the loan was not fully repaid; ③ Notwithstanding the explicit refusal of I, the Defendants arbitrarily prepared the power to collateral security in the name of I on November 22, 2013, and submitted an application to cancel the registration of the right to collateral security in the name of I by submitting the application to cancel the right to collateral security attached thereto; ④.

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