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(영문) 서울북부지방법원 2018.04.05 2017고정129
사문서위조등
Text

The defendant shall be innocent.

Reasons

1. On March 3, 2010, the Defendant acquired the right to collateral security of the maximum amount of KRW 75 million established in the Daejeon Middle-gu D2 Building from C on March 3, 201, and received dividends of KRW 70 million in the auction procedure by exercising the right to collateral security in the above building.

On November 2013, the Defendant received a notice from the Seoul Dongdaemun-gu Tax Office to submit explanatory materials as it is possible to impose taxes on the dividend payment. In order to not impose the said taxes, the Defendant received the said collateral security from 70 million won, thereby making false documents in the name of C and submitted them to the tax office as explanatory materials, as if the dividend and difference did not occur.

1. Forging a private document;

A. On November 201, 2013, the Defendant, without authority, prepared and affixed this receipt in order to receive the said amount in a fixed and conclusive manner on the next day, using a computer, without the authority, for the purpose of exercising the right.

“Receipt Contents: Voluntary Auction Creditor C, debtor (State)’s debtor, “The Fright Transfer Deposit,” “No. 602 of the Gangseo-gu Seoul Metropolitan Government apartment complex G G, resident registration number: H, name: C, and “A return”) were printed out, and forged a receipt in the name of C, which is a private document on proof of fact, with the seal affixed to C’s name.

B. On December 2013, the Defendant borrowed from A total of KRW 70,000,000 (this thousand won) won on January 23, 2009 and promised to borrow from A total of KRW 70,00,000 (this million) won on January 23, 2009 and repay in full by January 23, 201, as the title “written payment” using a computer without authority for the purpose of exercising.

When it is impossible to comply with this, it shall be civil.

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