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(영문) 대구지방법원 서부지원 2019.09.17 2018고단1015
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant, in collusion with B and C, who forged a private document or display a private document;

A. A. Around April 27, 2011, at the office of the attorney-at-law located in Suwon-gu, Daegu-gu, without authority, filed a lawsuit seeking the return of unjust enrichment against the Daegu Suwon-gu F road, etc., inherited property, against Daegu-gu, without authority, for the purpose of exercising the right, (Seoul-gu District Court 201Gadan27711). At the Delegation of the lawsuit, the G’s name was arbitrarily stated in one of the plaintiffs, and the G’s name which was voluntarily minated onto the name of the plaintiff, was forged by one copy of the letter of delegation of the lawsuit in the name of G, which is a private document with respect to the rights and obligations on which the name was affixed, and at the civil petition office of the Daegu-gu District District Court, submitted it to the competent court official who is aware of the fact that the

B. Around November 17, 2011, at the AO’s office located in Suwon-gu, Daegu-gu, without authority, filed an appeal against the first instance court without authority for the purpose of exercising the said lawsuit, and the appellate court forged one copy of the letter of delegation of litigation in the name of G, which is a private document concerning the rights and obligations by stating the name of the said G in the column of the letter of delegation of lawsuit and affixing the said seal, and thereafter submitted it to the public service center of the Daegu District Court to the court who is unaware of the fact that the forged letter of delegation of lawsuit was duly formed.

2. The Defendant attempted to commit fraud in collusion with the above B and C, and around January 16, 2017, at the Daegu District Court: (a) around November 2, 2016, the victim G filed a lawsuit seeking compensation against the Defendant, etc. on the ground of embezzlement of his/her share of inheritance (Tgu District Court 2016No127586, and KRW 50,000,000) on the ground of the embezzlement of his/her share of inheritance; (b) around 1996, the Defendant actively exercised his/her rights as a heir to the said land, such as the Plaintiff’s liability for litigation costs, etc.

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