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(영문) 수원지방법원 2016.04.28 2014고단3914
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The forgery E of private documents was divided into H on June 14, 2007 into F with the Defendant’s brokerage.

hereinafter referred to as “the instant real estate”).

On January 17, 2007 and October 2, 2008, the Defendant jointly purchased 6,612 square meters, and the Defendant entered into a contract to receive approximately 2,212 square meters of E’s shares in the instant real estate between E and E on January 17, 2007.

The Defendant borrowed KRW 200 million from the I to establish a collateral security without the consent of E with respect to the entire shares of the instant real estate as collateral. On January 10, 2008, without the authority for the purpose of exercising on or around January 10, 2008, the subject real estate under the title, “the entire shares of the Gyeonggi-do E”, “A”, “A”, “A”, “I”, “the maximum amount of claims,” and “E”, and “E” were written and sealed by the contractor.

Accordingly, the Defendant forged the agreement on the establishment of a mortgage in the name of E, a private document on rights and obligations.

2. The Defendant, on January 11, 2008, filed an application for registration of the establishment of the right to collateral security with respect to the whole shares of the instant real estate E with Suwon District Court (Seoul District Court) located in Suwon District Court 662, which held the said investigation document by submitting the forged right to collateral security agreement to the public official in charge who was aware of such forgery as if it were duly formed.

3. The Defendant, at the time and place specified in Paragraph 2, filed an application for registration of the establishment of the right to collateral security with respect to all E shares of the instant real estate by submitting forged collateral security agreement at the time and place. A public official in charge of not knowing such fact shall be required to do so on the instant real estate.

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