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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
Basic Facts
On January 21, 2009, the Plaintiff was declared incompetent by the Seoul Family Court, and C, the Plaintiff’s grandchildren, was appointed as the Plaintiff’s guardian.
C and D issued a false promissory note as if the Plaintiff had a debt amounting to KRW 500,00,000 to D and had it notarized, using it, offered to acquire KRW 500,000,000 of the claim for a specified money trust deposit against the Plaintiff’s Bank of Korea. C and D, on August 9, 2012, prepared a false promissory note with the issuer’s “A”, “D”, “50,000,000,000”, “payment date”, and submitted to the attorney-at-law in charge of the authentication of the promissory note on the same day, which is a law firm by a notary public (hereinafter “Defendant law firm”).
Accordingly, the attorney-at-law in charge of authentication prepared and kept a notarial deed stating the purport of recognizing compulsory execution after confirming C's power of representation with the Plaintiff's certificate of personal seal impression stated as "an incompetent and legal representative C".
D Based on the above notarial deed on August 21, 2012, as Seoul Northern District Court Decision 2012TTTTT14250, the Plaintiff’s claim attachment and assignment of deposit claims to E on September 6, 2012, with regard to the claim of KRW 500,000,000 of the specified money trust deposit claims against Korean Bank Co., Ltd. as Seoul Northern District Court Order 201TTTT14250. The deposit claims were transferred to E on September 7, 2012.
As above, the judgment imposed C on the crime of false entry in the original of a notarial deed which had the attorney-at-law in charge of authentication prepare and keep a false notarial deed, the crime of false entry in the original of a notarial deed, the crime of false entry in the original of a notarial deed, the crime of uttering of the original of a notarial deed, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) which acquired the plaintiff's deposit claims, was sentenced to imprisonment of one year and six months and
Seoul Northern District Court Decision 2014Gohap115, Seoul High Court 2014No2259, C.