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(영문) 서울동부지방법원 2017.04.26 2016고정1715
사문서위조등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Forging a private document;

A. On June 2014, the Defendant, at an attorney-at-law B law office located in Gwangjin-gu Seoul Special Metropolitan City, delegated all the acts regarding the claim for transfer of ownership, using a black pen on the proxy form for litigation in which the content of the Defendant’s delegation of all the acts related to the claim for transfer of ownership is printed, indicated as “D et al.” in the Plaintiff column, “E et 1” in the Defendant column, “registration, etc. of transfer of ownership” in the claim column, “ June 2014”, “in June 2014,” and “as shown in the attached Form” in the column, “D, F, G, and H’s name and address are printed, and affixed D, F, G, and H’s seals in the attached Form where the name and address are printed.

Accordingly, the defendant, for the purpose of exercising authority, has set forth a letter of delegation of litigation in the name of D, F, G, and H, which is a private document related to rights and obligations, respectively.

B. On January 2016, the Defendant indicated the same purport as the foregoing in the letter of proxy in the case where the statement in the preceding paragraph was printed, as described in the letter of proxy, “2015 B. 2071243”, “(Appellant) D and 3” in the Plaintiff column, “(Appellant (Appellant: I) E (Appellant) in the Defendant column, “registration of transfer of ownership” in the column of claim, and “as shown in the separate sheet” in the column of the date of preparation, and “as described in the separate sheet” in the column of D, F, G, H’s name and address printed, and each seal attached to D, F, G, and H’s name and address affixed thereto.

Accordingly, the defendant, for the purpose of exercising authority, has set forth a letter of delegation of litigation in the name of D, F, G, and H, which is a private document related to rights and obligations, respectively.

2. Exercising the relevant investigation document;

A. The Defendant, around June 17, 2014, at the Seoul Eastern District Court located in Asan-ro 404, Gwangjin-gu, Seoul, Seoul. Around June 17, 2014, ordered attorney-at-law B who is aware of such fact to file a lawsuit against E for the registration of transfer of ownership of the land and its ground buildings in the Gyeonggi-do, Jin-si, Seoul, and the public official in charge of the above court who is unable to know the fact.

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