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(영문) 서울고등법원 2012.08.16 2012노401
중감금치상등
Text

The judgment below

All convictions against the Defendants are reversed.

Defendant

The sentence against A shall be pronounced.

Reasons

1. Summary of grounds for appeal;

A. Defendants A and A, both of the facts, decided to divorce with the victim E (hereinafter “victim”), had a consultation on division of property with the victim, and did not have planned to deduct the victim’s property through division of property in collusion with Defendant B.

Defendant

B listening to the fact that Defendant A received part of the victim’s property, Defendant A attempted to transfer ownership under the name of Defendant A, and there was no conspiracy that Defendant A conspired to remove the victim’s property through divorce.

B) Defendant A is entitled to the charge of forging and exercising a certificate of seal imprint: (a) the share of 1/16 square meters in F forest 23,207 square meters owned by the victim and the share of 92 square meters in G forest 92 square meters in the same Ri (hereinafter “AF forest”).

(C) The Defendant A, upon the victim’s request, prepared and submitted to the I Office a letter of delegation of a certificate of seal impression in the victim’s name in order to obtain a certificate of seal impression necessary for the application for expropriation compensation with a seal imprint or resident registration certificate and obtain a certificate of seal impression necessary for the application for expropriation compensation. Defendant A, who forged and exercised a letter of delegation of a certificate of seal impression, merely informed the female employees of the I Dong Office by telephone of the matters to be stated in the certificate of seal imprint, and Defendant A did not know of the forgery or forgery of the certificate of seal imprint. (C) The Defendant A drafted and submitted an application for the opening of an account in the victim’s name in order to receive the compensation for expropriation after being delegated by the victim with the right to apply

Defendant

B was even aware that Defendant A was authorized to apply for the expropriation compensation by the victim and opened an account under the victim’s name. Defendant A was not aware of the forgery of the application for opening of an account. The Defendants attempted to commit fraud of the expropriation compensation is H Corporation on July 5, 2010.

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