The prosecution of this case is dismissed.

1. Summary of the facts charged

A. On April 6, 2009, the Defendant, without authority, made an application for cancellation of mortgage and power of delegation at the office of Certified Judicial Scriveners E in Seoul, Jung-gu, Seoul, Seoul, for cancellation of mortgage, entered the application form and power of delegation. The Defendant, without authority, made the application form and power of cancellation in the indication column of real estate in Gangnam-gu, Seoul, G, H, grounds for registration and its date “Termination on April 6, 2009”, “Cancellation of the establishment registration of neighboring mortgage” in the registration purpose column, “Cancellation of the establishment registration” in the indication column of the registration to be cancelled, and “A Co., Ltd, J, Seoul, the third floor in the building of Gangnam-gu, Seoul, and L’s representative director” in the indication column of the registration to be cancelled, and signed the application form for cancellation and power of delegation in the name of I corporation I, a private document, which was held in advance, with the signature of the public official of Gangnam-gu, Seoul, exercising the power of delegation at the above registration office.

B. On April 7, 2009, the Defendant made a false entry in the authentic copy of a notarial deed and the use of the authentic copy of a notarial deed to the above Gangnam-gu registry office, a registry official who is not aware of such fact made an entry of false facts in the notarial deed register as the original copy of the notarial deed, by allowing a registry official to terminate the registration of establishment of the notarial deed on the original copy of the notarial deed by reason of termination on April 6, 2009, the establishment of the notarial deed completed under No. 93033, Dec. 17, 2007, and to immediately keep it on the notarial deed register.

2. “One act” referred to in the ordinary competition relationship under Article 40 of the Criminal Act refers to the act in light of social norms, regardless of the legal evaluation, is evaluated as one in the state of nature of an object (see Supreme Court Decision 2008Do5634, Apr. 9, 2009). In the case of double indictment, Article 327 subparag. 3 of the Criminal Procedure Act stipulating that the dismissal of prosecution shall be dismissed.