[2018 Highest 589] The Defendant is a person who has worked as a secretary at the E judicial scrivener office located in the Daegu Suwon-gu building C building D from October 30, 2017 to September 6, 2018.

On March 2018, the Defendant, who requested the case of provisional seizure to the above certified judicial scrivener on March 2018, sentenced the victim F Co., Ltd. F (the representative G, the mutual company H Co., Ltd. before the change of April 23, 2018) to file a request for provisional seizure, acquired money equivalent to the deposit amount as if it is necessary to deposit money, and expressed it by forging the relevant deposit document to the victimized company requesting documentary evidence.

1. On April 10, 2018, the defrauded made a false statement to the effect that “Around April 10, 2018, the Defendant sent phone call to I to the managing director of the victimized company I and ordered the court to deposit KRW 20 million in cash in order to obtain a provisional seizure order.”

However, according to the decision of provisional seizure of Daegu District Court 2017Kadan1292, since it could substitute the order to provide security by submitting the deposit insurance policy, not cash deposit, the order to provide security was thought to be used for the payment of the existing obligation of the defendant without using it as the deposit money, even if it was received the deposit money.

Nevertheless, the Defendant, by deceiving I as above, was transferred KRW 20 million from the victimized Company to the J bank account (Account Number K) in the name of the Defendant on the 11th of the same month.

2. Forgery of public documents, fabrication of private documents, and uttering of forged public documents, and uttering of falsified private documents;

A. On April 11, 2018, the Defendant: (a) at the foregoing certified judicial scrivener office’s office, using Nowon-North Korea, in the name, registration number, address, the name, registration number, address, address, and deposit column of the victimized company; (b) the name, registration number, address, and deposit column of the victimized company; and (c) the name and case column of the court.