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(영문) 대전지방법원 천안지원 2014.08.28 2012고단771 (1)
사기등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant requested from E to trade the “35,082 square meters of forest land located in Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, I” which is jointly owned by Dong figures, F, G, and H, and proposed that “if it is jointly owned, it is not easy to enter into a sales contract, it is reasonable to divide it into three parcels, and to register it in the name of an individual.” The Defendant received the certificate of personal seal impression and seal of F, etc. upon delegation of the division.

However, the Defendant had experienced economic difficulties at the time, and thus, the Defendant had the FF’s certificate of personal seal impression, etc. on his own initiative, offered the said real estate as collateral by establishing a right to collateral and borrowed money from J.

1. Around July 25, 2007, the Defendant forged private documents and uttering of the perjury document at the office of a certified judicial scrivener located in Yongan-si, K, and the Defendant, using a see pen, made a letter of delegation to the extent of indication of real estate in the letter of delegation form “1. 35,802 square meters (e.g., indication of shares to be created: F, G, H equity: total amount) of 35,802 square meters (f, G, H equity in the debtor column; F, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, Seoul, Yan-gu, and H apartment1-1202”, stating “F, G, and H seal transferred from E as above, and delegated the authority to make a request for registration of the establishment of a mortgage to the above certified judicial scrivener office.”

In addition, the staff of the certified judicial scrivener office on the same day submitted the letter of delegation to the competent public official who is not aware of the forgery in the Daejeon District Court.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation in the name of F, G, and H, a private document related to rights and obligations without authority, and exercised it.

2. Support for the Defendant to make false entries in the original notarial deed and to make false entries in the original notarial deed on the same day.

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