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(영문) 인천지방법원 2014.11.05 2014고단5450
사문서위조등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a father-child relationship with C.

1. The Defendant forged private document forgery without permission, for the purpose of exercising the right to collateral security at the Yeonsu-gu Incheon Metropolitan Government D apartment 102 1505 dong 1505, which is owned by the complainant, for the purpose of exercising the right to collateral security without permission of C. On May 3, 2012, the Defendant forged a letter of delegation for the establishment of collateral security, which is a private document for the rights and obligations of C, by stating “The grounds for registration of the power to collateral security, 2012” on May 3, 2012, and on its column, “The maximum amount of debt, the obligor, and the mortgagee,” “E” in the column for the purpose of registration, and affixing a letter of personal seal impression, which is a private document, as to C’s rights and obligations.

2. On May 3, 2012, the Defendant: (a) submitted to the F Office’s employees conducting loan brokerage business in the vicinity of the same place as the foregoing, a letter of delegation for establishing a forged collective security to use it; and (b) exercised it.

3. The Defendant who recorded false information in a public electronic record is an obvious clerical error that “No. 4, 2014. May 4, 2012” written in the indictment is written on May 4, 2012, by having a certified judicial scrivener completed the forged power of attorney and a written confirmation submitted to the public official of Incheon Regional Registry.

The debtor A and the mortgagee E-mortgage, one of the maximum debt amounts of KRW 60 million, was registered, and recorded false facts in the electronic recording media of the registry office.

4. The Defendant’s exercise of public electronic records containing false entries is an obvious clerical error as stated in the indictment on May 4, 2012.

The public official of the above Incheon Regional Registry had the public official of the above Incheon Regional Registry keep a certificate of all the registered matters of the right to collateral security recorded with false facts as stated in paragraph (3) on the electronic data.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application for the establishment of a right to collateral security, power of attorney, resident registration record card;

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