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(영문) 춘천지방법원 원주지원 2016.11.15 2015고단988
횡령등
Text

The defendant shall be innocent.

Reasons

Ⅰ. The facts charged (2015Hun-Ma988) The Defendant was a person who was in de facto marital relationship with the victim C from around 2006 to around December 2, 2013. The victim is a mortgagee of the land in Hongcheon-gun, Hongcheon-gun, and is a person with the authority to receive dividends upon voluntary decision to commence the auction on August 1, 2013.

On November 11, 2013, the Defendant got the victim to delegate the above auction-related procedure to the victim, and the Certified Judicial ScrivenersF to transfer dividends from the voluntary auction of the above land to the account under the name of the Defendant, and had the victim use it for embezzlement at will.

Accordingly, around February 18, 2014, the Defendant received dividends from the Chuncheon District Court located in 284, which was located in Gangnam-si, Gangwon-si, Gangwon-si, on behalf of the Defendant. On February 20, 2014, the Defendant transferred dividends of KRW 61,703,030 from the said F to the Agricultural Cooperative Account under the Defendant’s name and embezzled for the victim. However, around that time, the Defendant arbitrarily consumed dividends for personal use at the place of the original city.

2. Forgery of private documents;

A. On December 11, 2013, the Defendant did not have the authority to obtain a certificate of the personal seal impression from the HMyeon office located in Gangnam-si G, and even though he did not have the authority to obtain it, the Defendant stated C’s name, resident registration number, address, etc. in the “a delegating person” column, and stated C’s name, resident registration number, address, etc. in the “a delegating person” column, and affixed C’s personal seal impression following the name of the Defendant.

Accordingly, for the purpose of exercising rights and obligations, the Defendant forged a written application for issuance of a certificate of personal seal impression in C.

B. On December 13, 2013, the Defendant did not delegate the authority to register real estate by C at the office of the Certified Judicial Scriveners J of Songpa-gu Seoul Metropolitan Government Office No. 504, Songpa-gu International Building No. 504, but did not delegate the authority to register real estate, the Defendant delegated the authority to register and withdraw real estate to the certified judicial scrivener J of a certified judicial scrivener.

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