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(영문) 서울중앙지방법원 2019.02.20 2017고단7853
사문서위조등
Text

Defendant

AH shall be punished by a fine of 5,000,000 won and by imprisonment with prison labor for six months.

Defendant

AH shall be subject to the said fine.

Reasons

Punishment of the crime

1. Defendant AI is the actual operator of Company C, and the Defendant is the chief of AHA certified judicial scrivener office.

The Defendant forged a private document, via AK, introduced the AL (AL’s children) that wants to borrow KRW 10 million in return for offering the real estate of the Seo-gu apartment (hereinafter “the instant real estate”) owned by AL through AK and provided money from B through AK, and B stated the maximum debt amount of the instant real estate provided by AM as KRW 20 million in return for borrowing the money.

However, the defendant, B, and K have been well aware that AM has no authority to dispose of the real estate in this case.

Nevertheless, on November 201, 2014, the Defendant stated “AL”, “AK” in the creditor column, “AO” in the debtor column, and “a billion won (Won 200,000,000)” in the column of the maximum debt amount at the AK’s office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, as well as AK’s office, and affixed a seal impression on the AL’s written collateral security contract, where AM took place in the vicinity of the subway station located in Gyeonggi-do after several days.

After that, around November 2014, the Defendant and B entered the same in the coffee shop near the AH Certified Judicial Scriveners Office located in Seocho-gu Seoul Metropolitan Government, but changed the creditor of the above mortgage contract into “A Q”, and the debtor into “(ju), “AR”, and “B.”

Accordingly, the defendant, in collusion with B, K, and AM, forged a copy of the mortgage contract in the name of AL, a private document concerning rights and obligations.

B. On December 1, 2014, the Defendant and B, who did not know the forgery at the AHA certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government, constitute a forged mortgage contract and other registration documents.

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