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(영문) 서울남부지방법원 2015.04.30 2014가단7852
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2012, the Plaintiff prepared a scrap metal transfer contract (hereinafter “instant contract”) with C as shown in the attached Form, which operated D, and paid KRW 50 million to C on August 6, 2012, including KRW 10 million and KRW 40 million on August 10, 2012.

B. However, on June 11, 2014, C was sentenced to a fine of three million won for the following criminal facts in the Suwon District Court Decision 2014Da740, Jun. 11, 2014 (No. 2014No3347) and the appellate court (U.S. District Court Decision 2014No3347) rendered a judgment dismissing the appeal on November 6, 2014, and the said judgment became final and conclusive on November 14, 2014.

- The crime history - the crime history

1. Forgery of private documents;

A. On June 6, 2012, the Defendant arbitrarily prepared the “transferr” column of the contract for transfer and takeover of scrap metal in D office as “trade name: B stock company, address: Gyeonggi-do Etel 308, and representative director: F,” and forged one copy of the contract for transfer and takeover of scrap metal in the name of the representative director F of B Co., Ltd., a private document related to rights and obligations, for the purpose of exercising his/her rights and obligations, by sealing it with the seal of the representative director of B Co., Ltd. prepared in advance.

B. Around July 1, 2013, the Defendant arbitrarily stated the “Confirmation” column of the written confirmation in D office as “B (H) representative director F,” and forged one copy of the written confirmation in the name of the representative director F of B, a private document related to the certification, by sealing the seal of the representative director of B, which was prepared next thereto, for the purpose of uttering.

2. Uttering a falsified investigation document;

A. The Defendant No. 1. A

G who is aware of the forgery at the time and place mentioned in paragraph (1) was granted a forged scrap transfer and takeover contract as described in paragraph (1) and used as if it was duly formed.

B. The Defendant No. 1.B.

No. 1.(b) to police officers in charge of Suwon Middle Police Station who are aware of the forgery at the time and place specified in the paragraph.

As stated in paragraph (1), a forged certificate was submitted by mail as if it were duly established.

(c).

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