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(영문) 대전지방법원 공주지원 2015.07.03 2015고단129
공정증서원본불실기재등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and D prepared a false loan certificate as if the Defendant owed debt to D, and offered to set up a false mortgage on the above real estate on the basis thereof, and D was responsible for the role of providing the name of false mortgage, and the Defendant was responsible for preparing all related documents.

Therefore, on November 208, 2008, the defendant requested the establishment of a mortgage under the name of D when submitting a false loan certificate stating that the defendant bears the obligation of KRW 200 million against D, even though the defendant did not bear any obligation against D, and the defendant requested the establishment of a mortgage under the name of D when submitting the application document for the establishment of a mortgage under the name of D, and let the above certified judicial scrivener who is aware of such fact request the establishment of a mortgage under the name of D to file an application for the registration of the establishment of a mortgage of KRW 200 million as the secured debt concerning the above real estate under the name of D such as the official branch of the Daejeon

Accordingly, on November 4, 2008, the registry official who is aware of the fact was computerizedized in the land register and building register of the above real estate in order to complete the registration of creation of mortgage D and maximum debt amount of KRW 200 million.

As a result, the defendant made a false report in collusion with D to enter false facts in the land register and building register which is the same electronic records as the original of a notarial deed, and exercised it by making it available immediately.

Summary of Evidence

1. Defendant's legal statement;

1. A summary of each prosecutor's video recording of D or E;

1. A CD 1 (D), CD 1 (E);

1. The police statement concerning F;

1. A certified copy of the register or a certified copy of the register;

1. Copies of a written termination of the right to collateral security;

1. Copy of the marriage relation certificate;

1. Application of Acts and subordinate statutes, such as market price appraisal certificates, answers, and preparatory documents;

1. Relevant Article 228(1) and Article 30 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 228(1) and 30 of the Criminal Act, and the Criminal Act;

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