(영문) 인천지방법원 2019.11.26 2019고단6760

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(영문) 인천지방법원 2019.11.26 2019고단6760

사문서위조등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 20, 2015, the Defendant borrowed KRW 100 million from a person related to money, and, on November 1, 2014, made a registration of creation of a neighboring mortgage with respect to the Michuhol-gu Incheon apartment and D, which is owned by the Defendant, on the ground of a mortgage contract on November 1, 2014, the maximum debt amount is KRW 100 million, the debtor, the defendant, and the victim of the right to collateral security. However, the Defendant was willing to arbitrarily cancel the registration of creation of a neighboring mortgage without the consent of B in order to provide the said apartment

1. On March 31, 2016, the Defendant forged a private document, which is a private document related to rights and duties, and submitted it to the public official in charge as if he/she actually completed the forged power of attorney, along with the application for cancellation of a mortgage at the public service office of the Incheon District Court in the jurisdiction of the Incheon District Court located in the territory of the Republic of Korea, in order to exercise B’s seal prior to the above name by sealing it, at the delegation letter of delegation letter of the application for cancellation of a mortgage registration, the Defendant stated “B, Nam-gu Incheon Metropolitan City G apartment, and H” in the letter of delegation letter of delegation of the application for cancellation of a mortgage registration.

2. On March 31, 2016, the Defendant made a false report to the public official to enter false facts in the entire certificate of the registration of the aggregate building, which is the original copy of the notarial deed, and exercised it by having a public official in charge of the above-mentioned Incheon District Court’s civil petition office of the registry office of the notarial deed, on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A certified copy of the register;

1. Application for registration for cancellation of collateral security, application of power of attorney and statute 1.

유사 판례

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-대구지방법원 2014.05.27 2012가단61831

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