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(영문) 서울중앙지방법원 2016.05.27 2015나15671
수표금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. On June 11, 2013, the Plaintiff sought payment of the check money on June 14, 2013, when the Plaintiff issued and kept a bill of KRW 10 billion at the face value from the Defendant, which was three days later, by presenting the above cashier’s check money to the Defendant on June 14, 2013, and the Defendant paid KRW 10 billion upon receipt of a payment proposal by a forged check on June 12, 2013, which was the previous page, and the Plaintiff was involved in the forgery of the check.

The judgment of the court of first instance is recognized that the Plaintiff delivered a copy of the cashier’s check and a copy of the passbook in which the number of the check was indicated to the Forgery, but the Plaintiff could not at all anticipate that the check would be forged by doing so. The Defendant’s assertion was rejected on the ground that there was no proximate causal link between the Plaintiff’s act of delivering a copy of the check and a copy of the passbook, and the Defendant’s damage (the payment of KRW 10 billion was made upon the presentation of payment of the forged check).

2. Facts of recognition;

A. 1) E, which is the total responsibility for forging a check, planned to commit the crime of defrauding money from a bank by forging a large amount of cash cashier’s checks. The content of E, which included bank employees, deducted a large amount of 100 million won or more in the column of money, and had the bond company issue a large amount of check at the bank, and had the bond company issue a cashier’s checks at the bank, and forged the so-called “du two ball checks” in the same form as the check check, using a deducted blank check. 2) E around December 2, 2012, as a person in charge of deducting a blank check in accordance with the relevant criminal plan, included J (official charge) as an employee of the I branch of the Defendant bank, and included a forgery of a pair of blank checks by using a blank check on January 1, 2013.

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