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(영문) 서울중앙지방법원 2017.07.20 2017노1799
사문서위조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. There was a perception that the defendant, with the summary of the grounds for appeal, has forged the power of attorney for the application for cancellation of the F inf name.

2. Determination

A. On July 23, 2014, the Defendant: (a) at the foregoing certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government, the Defendant offered the Seocho-gu Seoul Metropolitan E Apartment as security; and (b) from G to borrow KRW 250 million, the above apartment from G to borrow KRW 150,000,000,000 to F; (c) requested the Defendant to arbitrarily cancel the lower right of claim amounting to KRW 50,000,000 (hereinafter “the instant neighboring mortgage”); and (d) without authority to exercise the authority to indicate the instant apartment, “the instant apartment,” and “the date of the instant application for cancellation” under the name of F.m. F. F., the Defendant’s new letter of delegation for cancellation, stating the name of F.F.’s new letter of delegation for the purpose of exercising the right and duty under the name of F. 1, 2014.

B. The lower court determined that the Defendant had a special reason to cancel the said right to collateral security while forging the F’s power of attorney with regard to the circumstance, before, and after the creation and cancellation of the instant right to collateral security.

In addition, in addition to the fact that it is difficult to see it, the first request for the registration of establishment of the right to collateral security of this case was made and the record was kept after the establishment of the right

The defendant who again requested the cancellation of the right to collateral security from L is the defendant.

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