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(영문) 서울동부지방법원 2019.01.15 2018고정193
사문서위조등
Text

Defendant

A shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Although Defendant A did not have consented to the transfer registration of the right to collateral security of forests and fields located in Gwangju City, which had been registered under the name of Defendant A with a loan to Defendant A, Defendant A requested that B transfer the said right to collateral security under the name of E, which was known to ordinary people around January 2016.

Accordingly, around January 19, 2016, the Defendant: (a) had B enter “C” in the column for the content of the contract for collateral transfer of forest land without authority for the purpose of exercising at the office of a certified judicial scrivener in Songpa-gu Seoul Metropolitan Government; (b) had B enter “C” in the transferor column; (c) affix C’s seal in his name after having the transferor enter “E” in the transferee column; (d) write “C” in the proxy column; and (e) affix C’s seal in the name; (e) write the “C” in the proxy registry; and (e) affix C’s seal in his name; and (e) affix C’s seal in his name; and (e) on January 20, 2016, submit the forged collateral transfer contract and the power of delegation in the name of the person entitled to registration.

As a result, Defendant A forged a mortgage transfer contract and a power of attorney in the name of private document C, which is a private document on rights and obligations without authority for the purpose of exercising.

2. The Defendant A requested the transfer of the above right to collateral security to B in the name of E, regardless of the fact that the transfer of the right to collateral security on the above real estate was not delegated by C as the mortgagee, as described in paragraph (1).

Accordingly, the defendant A had the Suwon District Court enter into force on January 20, 2016 and forged the case in paragraph 1 at the Sungnam Branch of Sungwon District Court.

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