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(영문) 서울중앙지방법원 2016.10.26 2016고정2728
사문서위조등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is an attorney-at-law who operates an attorney-at-law office in Seocho-gu Seoul Metropolitan Government C Building 1108.

With respect to F and G’s land jointly owned by the Defendant, which is an area where high voltage transmission lines are installed, the Defendant was delegated with the said F to the lawsuit, and even if the said G did not receive any delegation from the said G and did not obtain prior consent from the said G, the Defendant had tried to file a lawsuit seeking return of unjust enrichment against the Korea Electric Power Corporation in the said G name.

On June 20, 2013, the Defendant forged a private document, at the office of the above Defendant, delegated the attorney-at-law with respect to the claim for restitution of unjust enrichment between the Plaintiff H and 7, Defendant Korea Electric Power Corporation, and the above parties’ request for restitution of unjust enrichment, and granted the following authority:

All procedural acts, counterclaims and responses, (Interim omitted), application for order of action (“G” in the indication column of the mandator, and “G” on the date of preparation, and after printing it on the computer, affixed the seal of the said G which was produced in advance by the name of the said G, after printing it on the computer.

Accordingly, for the purpose of exercising authority, the Defendant forged a letter of delegation of litigation in G name, which is a private document on rights and obligations.

B. On July 10, 2013, the Defendant’s uttering of the above investigation document at the Seoul Central District Court’s general civil petition office located in Seocho-gu Seoul Metropolitan Government.

As stated in paragraph (1), a forged letter of delegation was submitted to a person in charge who is unaware of the fact as a document attached to the complaint for the return of unjust enrichment as if it was duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and F;

1. A complaint;

1. A warden;

1. Proxy of a lawsuit;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant Article 231 of the Criminal Act, the choice of punishment for the crime, Articles 234 and 231 of the Criminal Act, and the choice of fines, respectively;

1. The Criminal Act among concurrent crimes.

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