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(영문) 수원지방법원 성남지원 2020.03.10 2019고정949
사문서위조등
Text

The defendant shall be innocent.

Reasons

The Defendant inherited the instant land with brothers and sisters, including D (9/80 of shares) due to the death of B, which was put on May 13, 1994, along with the death of B, the Seocho-gu Seoul Metropolitan Government 189.8 square meters (hereinafter “instant land”). The Defendant actually managed the instant land.

On May 2012, the Defendant used an opportunity to deliver documents related to the construction of a new building, such as a power of attorney, which had been residing in the United States, to issue a certificate of personal seal impression, and used the opportunity to deliver documents related to the construction of a new building on the land of this case, to donate D’s shares to E, one of his own children, without compensation.

1. On September 3, 2012, the Defendant forged private documents: (a) at the office of a certified judicial scrivener H located in Seongbuk-gu, Sungnam-si, Sungnam-si, Seoul; (b) without delegation or approval with respect to the preparation of documents necessary for the grant and transfer of ownership, the Defendant requested H to prepare a donation contract under the name of D in order to transfer the ownership of 9/80 of the instant land in the name of E; and (c) the certified judicial scrivener H requested H to prepare a donation contract under the name of D in order to transfer the ownership of 9/80 of the instant land in the name of E; and (d) required H to enter the name, resident registration number, and U.S. address of the gift in the real estate column of the “donation” form using the computer document preparation program; and (d) made D’s name, resident registration number, and address to enter and print it in the column of the witness column; and (d) made D’D’s seal impression attached to the date of preparation.

Accordingly, the defendant, without authority, forged the gift contract in the name of D, which is a private document on rights and obligations.

2. On September 4, 2012, the Defendant’s uttering of the above-mentioned gift contract and the fact that there was no delegation or consent from D regarding the preparation of the said gift contract and the transfer of ownership of real estate.

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