beta
Text
The defendant is innocent.
Reasons
The summary of the facts charged is that the Defendant, who died on February 26, 2017, becomes a child of the deceased Party B.
1. On February 27, 2017, the Defendant: (a) within the Do Bank E Financial Center located in the Busan City’s LAC; and (b) using a scriptive tool to enter “F”, “F” in the face number column in Chapter 1 of the written request for deposit; and (c) affix the net B seal on the name side; (b) affix the seal on the face of the written request for deposit; (c) affix the “F”, “F” in the face number column in Chapter 1 of the written request for deposit; and (d) affix the net B seal on the name side.
The defendant presented two copies of the written request for a forged deposit, respectively, when the defendant was committed as if the defendant had a legitimate authority to withdraw the deposit from the above account from the deceased B to an employee who is not aware of the false name in his/her job.
Accordingly, for the purpose of exercising authority, the Defendant forged two copies of the request for deposit payment in the name of the deceased B, a private document related to rights and obligations, and exercised them.
2. The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) presented the forged written requests for deposits at the time and place specified in the foregoing Paragraph (1) as if they were genuinely established, and belonged to the staff in charge of the victim DNA bank corporation as if there were legitimate rights to withdraw cash from the bank account (Account Number:F) in the name of the network B.
Therefore, the defendant received 719 million won from the above bank employees as the deposit withdrawal money.
Judgment
1. Relevant legal principles and issues
A. The crime of forging a private document and the crime of uttering of a private document mean that a person, who is not authorized to prepare the private document, prepares the document in the name of another person. Thus, if the nominal owner explicitly or implicitly consented to prepare the private document, the crime of forging a private document is committed.