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(영문) 서울중앙지방법원 2017.05.18 2016고단7126
업무상횡령등
Text

[Defendant A] The defendant shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

On June 7, 2016, Defendant A was sentenced to 10 months of imprisonment and 2 years of suspended execution by the Seoul Central District Court on the violation of the defense justice, and the judgment was finalized on December 20, 2016.

1. Defendant A’s status is the representative attorney-at-law of law firm F, who is in charge of the affairs of filing a lawsuit for damages against Hyundai Commercial Reinsurance Co., Ltd. (hereinafter “Modern Commercial Reinsurance”) from traffic accident victim E and who is in charge of the affairs of filing a lawsuit as Seoul Central District Court Decision 2014Ga group 5015944 and paying the winning judgment to the victim.

2. The criminal facts of the foregoing civil lawsuit were instituted on January 20, 2014 and sentenced to the judgment on January 14, 2016, and the major contents of the judgment are that “The Hyundai Commercial Reinsurance shall pay the victim KRW 1,026,832,491 and interest thereon.”

Defendant

A, as seen above, the litigation cost incurred for two years in the course of a lawsuit seeking partial winning, was prepared in the name of the victim in order to recover from the above winning judgment, and submitted to Hyundai Commercial Reinsurance with the right to waive the appeal in the name of the victim, and based on this, it was appropriated for the stamp, success fee, etc. that was paid during the lawsuit in the course of the lawsuit from the winning judgment transferred from Hyundai Commercial Reinsurance with the same basis.

A. On January 28, 2016, Defendant A, at the time of the forgery of a private document and the event of the above investigation document, had an employee under his name to submit to the insurance company FF office located in the Seocho-gu Seoul Metropolitan Government GG Building for the purpose of receiving the winning judgment in the modern year, receive the principal and interest of the civil case at the same time, and at the same time, receive the winning interest of the civil case at the same time, claim against the remainder of the judgment of the case (including interest) out of the amount of the judgment of the case, claim for the final determination of the litigation cost and claim against the judgment of the case, and all the traffic accidents of the case.

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