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(영문) 서울동부지방법원 2013.07.17 2012고단3196
사문서위조등
Text

The defendant shall be innocent.

Reasons

1. On August 2010, the Defendant: (a) was delegated by H, an operator of G G Co., Ltd., for the first time, to borrow KRW 10 million from his/her female job-friendly H2 vehicle (hereinafter “the foregoing vehicle”) as security; and (b) was to obtain consent from H to offer the above vehicle as security for the obligation of borrowing KRW 20 million, which the Defendant personally borrowed from J and has not been repaid by his/her own; (c) the Defendant prepared a certificate of borrowing KRW 30 million; and (d) tried to establish a mortgage on the secured obligation of KRW 30 million.

Around August 25, 2010, the Defendant of the forgery of a private document, or the uttering of a private document: Around August 25, 2010, the borrower confirms that the borrower borrowed the above amount to the creditor J and guaranteed the payment in cash not later than February 3, 201. The borrower will provide the following security as of the date of borrowing, and if the repayment exceeds the date of repayment, the obligee will not raise any objection. [security] The owner of B2 vehicle (K): On the date of borrowing, August 25, 2010; on the name of H and I, the obligor H and I with their seals affixed to H and I, and then prepare and deliver the same at the same time and at the same place in excess of the scope delegated by H and I with his seals affixed to H and I, and one copy of H's certificate of collateral (hereinafter referred to as "certificate of Credit").

The Defendant, without authority, forged a copy of a letter of secured loan in the name of H and I, a private document concerning rights and obligations without authority, and exercised it to J who is unaware of the forged fact.

B. As above, the Defendant in breach of trust borrowed KRW 10 million from the victim H in accordance with the intent delegated by the victim H and committed a mortgage over the said vehicle with the secured obligation of KRW 10 million, but at the same time and place as the agent of the victim.

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