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(영문) 서울고등법원 2019.05.30 2019노328
유가증권변조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence of this case, such as the summary of the grounds for appeal (public prosecutor) D, C, B and L’s statements, D did not intend to grant rights to bills to the defendant or co-defendant C of the first instance trial (hereinafter “C”).

Therefore, the defendant's act of arbitrarily stating the receiver column of a promissory note or supplementing the power of attorney constitutes a crime of forgery or alteration of securities or private documents, and the act of receiving a collection order of seizure of bonds by exercising this constitutes litigation fraud.

Nevertheless, the court below erred in finding the Defendant not guilty of the charges of this case by erroneous determination of evidence.

2. The summary of the facts charged in the instant case was found by the Defendant, along with the introduction of B and C, to have discovered that D purchased pine trees from E, and that D had a promissory note (hereinafter “instant promissory note”) and a power of attorney (hereinafter “the instant power of attorney”) in the name of oneself and his/her ancillary parent in order to secure the return of the purchase price to B, the Defendant was willing to recover the claim by using it.

Around December 6, 2013, the Defendant forged a private document: (a) at the Ghap law office located in Jongno-gu Seoul Metropolitan Government, the content column, stating that “A” is “A” in the item column and “No objection shall be raised without delay if the payment of the bill is delayed; (b)” in the column of the delegating; and (c) stating “D and F” in the column of the mandatary; and (d) stating “A” at will in the column of the mandatary of the instant power of attorney.

Accordingly, the defendant forged a proxy in the name of D with respect to rights and obligations or certification of facts for the purpose of exercising.

B. Around December 6, 2013, the Defendant entered “A” on the left side of the “B” column of the addressee of the Promissory Notes, which became the issuer’s “D, F,” the payee’s “B,” the amount “B,” the date of issuance,” and “B” at the same law office.

Accordingly, the defendant is named D for the purpose of exercising his rights.

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