logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.07.25 2014노489
사문서위조등
Text

The judgment of the first instance is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the request of D and C, who is the husband of the case and the actual right holder, prepared and submitted to the court a letter of withdrawal and power of attorney of the instant lawsuit with his consent, but the first instance court erred by mismisunderstanding the facts, and thereby convicted the Defendant.

B. The sentencing of the first instance court on the unfair sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged is as follows: (a) while C borrowed KRW 160 million to a company selling enzymymymymymymymymymymty (hereinafter “debtor Company”) through Defendant via Defendant, the corporate president of the obligor Company applied for a voluntary auction and applied for distribution; (b) as the new bank, etc., who is the senior mortgagee, applied for a preferential distribution, could not receive distribution on the windymymymymymymymymymymymymymymymymymymymymymymymymymymymymymymymym

Seoul Central District Court filed a lawsuit of demurrer against distribution with the Seoul Central District Court.

Although the Defendant suggested C to withdraw and agree on the lawsuit of demurrer against the distribution and the assignment order separately filed by C, the Defendant refused the proposal, he had the intent to forge the written withdrawal of the lawsuit, etc. in the name of the above D, and requested the certified judicial scrivener office located in Eunpyeong-gu Seoul Metropolitan Government to prepare documents related to the certified judicial scrivener in the computer. On September 11, 2012, D prepared four copies of the written withdrawal of the lawsuit stating that D withdraws from the lawsuit of demurrer against the distribution and withdraws all the claims in the lawsuit of demurrer against the distribution, stating D as “D” at the bottom and affixed the seal attached to D stored in the lower court, and signed a letter of delegation stating that D shall be delegated to the Defendant to submit the written withdrawal of the objection against the distribution to the court, etc., and affixed the seal attached thereto, and the next day, Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government is located in Seocho-dong.

arrow