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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
1. Basic facts
A. The Gangwon-do Trucking Transport Agency Association (hereinafter “Gangwon Association”) is an association established pursuant to Article 48(1) of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”), and C is a person who works for the Gangwon Association as E.
B. On February 4, 1999, the Plaintiff obtained a permit for the freight forwarding business for the moving freight forwarding business from the Chuncheon market, and thereafter, operated the freight forwarding business with the trade name “D” (hereinafter “instant business”).
C. On July 2014, the Plaintiff requested the Gangwon-do Association to change the address to move the address of the instant business from F to G in Chuncheon City.
C demanded the Plaintiff to submit the original copy of the instant business license, ② a certificate of personal seal impression, ③ a report on modification of the permitted matters bearing the seal imprint (hereinafter referred to as “each of the instant documents”), and the Plaintiff sent each of the instant documents to C by registered mail.
E. On July 31, 2014, the Defendant: (a) requested the Cheongnam-do Freight Forwarding Business Association (hereinafter referred to as the “ Chungcheongnam-do Association”); (b) decided to transfer the instant business from C representing the Plaintiff to the bank account of the instant Association; and (c) transferred KRW 24.5 million to the Plaintiff’s bank account.
F. C forged a transfer/acquisition agreement and a transfer/acquisition report on the instant business under the Plaintiff’s name by entering the seal imprint stamp affixed to the Plaintiff’s report on the modification of permitted matters, and attaching it to the transfer/acquisition agreement and the transfer/acquisition report. On August 8, 2014, C sent the original copy of the instant business license, ② the Plaintiff’s certificate of personal seal impression, ③ a forged transfer/acquisition agreement and a transfer report.
G. The defendant is a Mayor of ASEAN through the Chungcheongnamnam Association.