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(영문) 대전고등법원 2016.07.21 2016나10085
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the part that alters or adds as stated in paragraph (2) below, thereby citing the relevant description in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be altered or added;

A. The 6th line of the judgment of the court of first instance was replaced by “the right to claim the sale price was seized” as “the seizure collection order was issued against the right to claim the sale price.”

B. The 6th sentence of the first instance judgment was replaced by “the 26th day of December 201” of “the 201 December 26, 2011,” “the 12th day of December 16, 2011.”

C. The “Defendant” in the 8th and 6th of the judgment of the first instance is replaced by “the Plaintiff”, and the “the above obligation to the Defendant of H” in the 2nd are replaced by “the above obligation to the Plaintiff of H”.

In addition to the facts of recognition indicated in 10 to 20 lines, "No. 78" shall be added to the evidence list of 8-9 lines in the first instance judgment, and the following portion of "No. 78" shall be added.

In the case of Daejeon District Court on February 3, 2015, the Plaintiff was punished by imprisonment with prison labor for four years for the Plaintiff, and the Plaintiff appealed against the foregoing crime on October 2, 2015, on the following grounds: (a) the Plaintiff exercised the said power of attorney by forging the said power of attorney; and (b) obtained H’s pecuniary benefits by taking advantage of the original copy of the notarial deed concerning the instant notarial deed; and (c) obtaining a decision of seizure, etc. as stated in 1.l. of the said notarial deed by using the original copy of the notarial deed; and (d) the Plaintiff and the Prosecutor appealed from the judgment; (e) this Court also recognized the above crime as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (However, the crime of fraud was recognized not for the violation of the Act

[2] The Plaintiff was sentenced to imprisonment with prison labor for three years and six months, and the Supreme Court rendered a judgment dismissing all the appeals filed by the Plaintiff and the Prosecutor on January 28, 2016

3. The plaintiff's claim for conclusion must be dismissed for all reasons.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is justified.

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